The above-captioned case was scheduled for hearing on October 23, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Jackson, Preiss, Jasparro, Filippi and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Kevin Garshon of the Newport Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	This case was previously before the Board on March 13, 2001 and more recently on August 16, 2005.  The Applicant has now returned requesting an amendment to the 2005 decision that was issued on October 20, 2005 (200312B).  Specifically, the Applicant wishes to expand the size of one of the existing tents within this facility.  Accordingly, the Board hereby incorporates its original findings of fact in file number 200312B as its initial findings of fact in this case.  The Board further finds that the Applicant has proposed to increase the tent size of one of the subject tents in the original case.  The Board finds that the Applicant has proposed to increase the tent size to 48 x 100.  The Board further finds that the Applicant shall provide an approved fire hydrant within fifty (50) feet of the new tent and shall replace the existing 9,000 gallon fuel tank with an approved Convault system prior to the issuance of a permit in 2008.  It is the understanding of the Board that all other deficiencies have been corrected by the Applicant.
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby modifies its original decision in file number 200312B in order to allow the Applicant to substitute a 48 x 100 tent for one of the cited tents listed in the original decision.  Accordingly, all of the above tents, including the new tent, shall be allowed to be erected for more than one (1) month pursuant to the original conditions of this relief.  In granting this variance, the Board directs the Applicant to complete the installation of a fire hydrant for the Newport Yachting Center on the southwest end of the commercial wharf in Newport to the satisfaction of the Newport Fire Marshal and further directs the Applicant to replace the existing gas fuel storage system with the proposed Convault system prior to the issuance of the 2008 permit for this use.  
	The Board shall continue to maintain this file open in the event the Applicant and/or the Newport Fire Marshal's office have additional issues to be addressed.

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)].