The above-captioned case was originally scheduled for hearing on March 13, 2001 and a decision, addressing this facility, was issued on March 28, 2001.  With the enactment of the new fire code, the original provisions covering tents along with any variances granted thereon, have been eliminated.  Accordingly, the Applicant has returned to the Board requesting a re-affirmation of previously granted variances.  The above captioned case was most recently scheduled for hearing on August 16, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Patrick Carney and Chief Edward McCarthy of the Newport Fire Marshals Office along with Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshals office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that a prior decision, covering this facility, was issued on March 28, 2001.  The Board further finds that the original decision was rendered moot with the adoption of the latest fire code.  The Board finds that the Applicant has returned to request reinstatement of the original relief.  
	The Board further finds that the Applicant proposes in the spring of each year that the Newport Yachting Center be allowed to erect four (4) tents which will be left up until the end of October.  The first tent is thirty feet by one hundred feet (30x100) erected on Lot 46.  This tent is near the Marina Office and is used for various smaller functions during the course of the summer.  This tent will be adjacent to a twenty foot by twenty foot (20x20) tent used by the wait staff.  In addition, the Board finds that there shall be a fifty seven foot by one hundred and fifty foot (57x150) tent erected on the westerly side of Lot 78.  This tent shall also be utilized for private functions as well as being utilized as a venue for exhibitors during events such as the Chowder Cook-Off.  The fourth tent shall be erected across Lots 77 and 78 and it shall be one hundred sixteen feet by one hundred thirty two feet (116x132).  This tent shall be used for summer festivals and part of the comedy series and for various boat shows.
	The Applicant has agreed that the Newport Yachting Center shall annually submit a complete schedule of all of their events to the Newport Fire Marshals office and that the list will be reviewed with the fire department in order to establish what departmental staffing is required for larger events in accordance with Rhode Island General Law.  
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a variance in order to allow for the erection of four (4) tents in the spring of any given year to be left up until the end of October.  In granting this variance, the Board notes that the first tent is a thirty foot by one hundred foot (30x100) tent erected on Lot 46 near the Marina Office.  The Board further notes that adjacent to this first tent shall be a twenty foot by twenty foot (20x20) tent utilized by the wait staff.  The Applicant shall be further authorized to maintain a third tent measuring approximately fifty seven feet by one hundred and fifty feet (57x150) on the westerly side of Lot 78.  This tent shall also be utilized for private functions as well as a venue for exhibitors during the events outlined above.  Finally, the Applicant shall be allowed to erect a fourth tent across Lots 77 and 78.  This tent shall be one hundred sixteen feet by one hundred thirty two feet (116x132).  In granting the above relief, the Board directs the Applicant to work directly with the Newport Fire Department by annually submitting a complete schedule of all of their events for the season.  The Board further directs the Applicant to maintain detail firefighters at the larger events, at the direction and to the satisfaction of the Newport Fire Marshals office.  The Board hereby incorporates by reference the August 22, 2005 agreement of the Applicants representative and the Newport Fire Marshals office as to the terms and conditions of this variance.

STATUS OF DECISION AND APPEAL RIGHTS
	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 6-2-17).
	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 6-2-18.)  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 6-2-19).  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 6-2-20).
	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)].