As indicated in the file, a hearing involving the above-captioned property was conducted on January 5, 2016 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Booth, Pearson and Sylvester.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.
APPLICANT: Raymond Gomes, Stu Upson and Daniel Paquette.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Stu Upson (owner) of International Tennis Hall of Fame dated December 1, 2015.
3.	The Application was received by the Board and File  150128 opened on December 10, 2015.
4.	A hearing on the Application was conducted on January 5, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioners Booth and Pearson to grant the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150128 and are pertinent to the decision rendered:

1.	Variance Application  150128 dated December 1, 2015 and filed on December 10, 2015.
2.	Newport Fire Marshals Office Inspection Report dated November 25, 2015.

EXHIBITS

The following documents were presented at the January 5, 2016 hearing as exhibits:

1.	Applicants site photograph (1).

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the November 25, 2015 plan review report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the January 5, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the November 25, 2015 Plan review report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
2.	There is no objection by the Newport Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 12.2.4.1 by allowing the Applicant to utilize the provisions of section 12.4.2, Smoke-Protected Assembly seating.  In consideration of the relief granted herein, the Board directs the Applicant to provide an approved Life Safety Evaluation to the Newport Fire Marshals Office in accordance with RILSC section 12.4.1.
2.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 12.2.3.1 by allowing the proposed design for the grandstand egress stairs and ramps.  In consideration of the relief granted herein, the Board directs the Applicant to provide all aisles with a width of not less than nine (9) feet.
3.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 12.4.8.5 by allowing the omission of a sprinkler system in the building located beneath the new grandstands.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following requirements:
a.	The building shall be protected throughout by an approved fire alarm system;
b.	The building roof shall have a two (2) hour fire resistance rating; and,
c.	All combustible equipment shall be removed from the building whenever the grandstands are occupied.

Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-22).
2.	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-23.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-24).
3.	Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See:  Board Rules and Regulations, section 6-2-25).
4.	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth Division of the District Court.  (See: Board Rules and Regulations, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].