The above captioned case was scheduled for hearing on April 30, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, Coutu, Pearson, Burlingame, Richard, Newbrook and Evans were present.  The fire service was represented by the Newport Fire Marshals Office.  A motion was made by Commissioner Evans and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the April 30, 2002 hearing on this matter, the Board was advised and finds that the Newport Preservation Society was planning to install a tent on the grounds of the Breakers on Ochre Point Avenue.  The tent to be erected shall be utilized as the ticket booth and viewing area for pictures of other preservation Society properties.  The Applicant appeared before the Board and requested a variance from the provisions of Section 23-28.19-1, which provides a thirty-(30) day limitation on a tent.  The Applicant is further requesting to maintain the tent in place from April 1st through October 31st each year.  Finally, the Applicant has advised the Board that they will meet all of the requirements of the Newport Fire Marshal and City of Newport with regard to the maintenance of the tent.  In light of the above, the Newport Fire Marshals Office had no objection.
	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 defined in Section 23-28.1-4(3) of the Rhode Island General Laws. 
	
CONCLUSIONS AND VARIANCE REQUESTS 
1.	The Board hereby grants a variance from the provisions of Section 23-28.19-1 in order to allow the Applicant to maintain a tent on the grounds of the above captioned facility between April 1st and October 31st each year.  In granting this variance, the Board directs the Applicant to continually adhere to all of the requirements of the Newport Fire Marshals Office and the City of Newport with regards to the occupancy of this tent.	


	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.  
	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.   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.  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.  
	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.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].