The above-captioned case was previously reviewed by the Board and a decision was issued on March 28, 2001 in file 200313.  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 Department 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 hereby adopts its original findings of fact in file number 200313 as its findings of fact in this case.  In addition, the Board notes that with the enactment of the new fire code, the original fire code provisions covering tents, along with all variances relating to these provisions, were eliminated.  Accordingly, the Applicant has returned to the Board to request that the Newport Fire Marshals office be granted the authority to allow for the erection of tents on a seasonal basis.  Specifically, in this case, the Applicant is seeking the approval to erect a fifty foot by one hundred foot (50x100) tent immediately adjacent to the chalet in the spring of any given year.  The Applicant is further requesting permission to erect a twenty foot by twenty foot (20x20) preparation tent.  The tents shall be removed each fall.  The large tent shall be utilized for weddings and private and corporate functions.
	The Applicant has further agreed that if the tent is going to accommodate a function of three hundred (300) people or more, the Applicant would notify the Fire Department and then confer with the Chief or Fire Marshal as to what level of fire department staffing, if necessary, would be required for any such function of that size.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Newport Fire Marshals office the authority to approve the erection of seasonal tents on the grounds of the Castle Hill Inn and Resort as outlined herein.  Specifically, the Marshal is authorized to approve the erection of a fifty foot by one hundred foot (50x100) tent immediately adjacent to the chalet in the spring of any given year and to allow the erection of a twenty foot by twenty foot (20x20) preparation tent.  The approval of the seasonal tents is conditioned upon their removal each fall.  In granting this relief, it is the understanding of the Board that the large tent is utilized for weddings and private and corporate functions.  It is the further understanding of the Board that the majority of these events do not maintain occupancies in excess of three hundred (300) people.  However, if an event is projected to accommodate more than three hundred (300) people, the Board directs the Applicant to notify the Newport Fire Marshals office, within a reasonable period of time, to confer with the Chief or Fire Marshal, as to what level of Fire Department staffing, if necessary, would be required at a function of that size.  The Board notes that the Applicants representative and the Newport Fire Marshals representative have executed an agreement to this effect dated August 22, 2005 and the Board hereby incorporates that agreement as part of this decision.

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)].