As indicated in the file, a hearing involving the above-captioned property was conducted on May 31, 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 and Commissioners Pearson, Richard, Booth, Filippi, Jackson and Sylvester.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals James Gumbley and Octavio Vieira of the State Fire Marshals Office and Assistant Deputy State Fire Marshals Wayne Clark and Kevin Garcia of the Newport Fire Marshals Office.
APPLICANT: Attorneys Mary Kay & Tricia Quest and Timothy Wensus, Robert Paquette, Bruce Thompson and Joseph Dias.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.


TRAVEL OF THE CASE

1.     This is an Application for Variance filed under 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 Robert Paquette (Chief) of RI Parks & Recreation, 1100 Tower Hill Road, North Kingstown, RI dated April 30, 2015.
3.    The Application was received by the Board and File  150046 opened on April 30, 2015.
4.    A hearing on the Application was conducted on May 12, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review at which time Decision  150046 issued dated May 22, 2015.  In this Decision, the Applicant was directed to prepare a comprehensive Life Safety Evaluation and return with a permanent plan of action prior to the commencement of the 2016 event season.
5.    On April 13, 2016 Deputy State Fire Marshal Octavio Vieira of the State Fire Marshal's Office contacted the Board and requested that this matter be placed on the May 10, 2016 docket for review and a status update.
6.    The matter was heard on May 10, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review at which time it was reassigned until May 31, 2016 for the development and submission of an updated plan of action by the Applicant.
7.    On May 13, 2016 all property owners within two hundred feet (200) of the petitioners structure [list provided by DEM  Legal] were given written notice of the May 31, 2016 hearing by US mail, in accordance with RIGL  23-28.5(b).
8.    Accordingly, a subsequent hearing was conducted on May 31, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
9.    After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioners Jackson and Richard to grant the Applicant relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150046A and are pertinent to the decision rendered:

1.	Variance Application  150046 dated April 30, 2015 and filed on April 30, 2015.
2.	State Fire Marshals Office Inspection Report dated April 15, 2015.
3.	State Fire Marshals Office Building Description Site  31 dated April 13, 2015.
4.	DEM Plan of Action dated May 12, 2015.
5.	Email from ADSFM Kevin Garcia of the Newport Fire Marshals Office dated May 11, 2015.
6.	Decision  150046 dated May 22, 2015.
7.	Applicants Life Safety Evaluation from Jensen Hughes dated February 15, 2016.
8.	Email from DSFM Octavio Vieira of the State Fire Marshals Office dated April 13, 2016.
9.	Reschedule Notice dated April 16, 2016.
10.	Email from Tricia Quest, Esq. of DEM to the Board dated May 6, 2016 with Additional Variance Application attachment.
11.	Email from ADSFM Wayne Clark of the Newport Fire Marshals Office dated May 9, 2016.
12.	Aerial photos [2] of the Fort Adams property.
13.	Reschedule Notice dated May 12, 2016.
14.	Email to the Board from Brian Cunha dated May 12, 2016.
15.	Email to Attorney Tricia Quest dated May 13, 2016
16.	Notice to abutters  abutters list.

EXHIBITS

The following documents were presented at the May 31, 2016 hearing as exhibits:

1.	Applicants photographs (4).
2.	Fire Pump Certificate of Inspection dated May 25, 2016.
3.	Applicants Emergency Temp Shelters plan dated May 19, 2016.
4.	Applicants revised plan of action (DRAFT) dated May 31, 2016.

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 Decision below corresponds with Decision  150046 and the Applicants Life Safety Evaluation dated February 15, 2016.  The above documents was utilized by the Board, the Applicant and the State Fire Marshals Office during the May 31, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates Decision  150046 and the February 15, 2016 Life Safety Evaluation 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.	The building is an existing 2-story assembly occupancy, formerly a civil war-era fortress originally constructed between 1824 and 1857, and was designated as a National Historic Landmark in 1976.
3.	The building is of Type I (442) construction and is not provided with approved sprinkler protection and does not have a compliant fire alarm system.
4.	The fort surrounds a large open area known as the Parade Grounds encompassing approximately 270,000 ft2 of grassy area with a looped sidewalk encircling an area of approximately 153,600 ft2 of open space.
5.	The calculated maximum occupant load of this facility, based upon the capacity of the existing four (4) perimeter means of egress, is one thousand five hundred sixty (1,560) persons.
6.	There is no objection by the State Fire Marshals Office or the Newport Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	[15-333-VN] The Board hereby affirms the relief previously granted and extends the time variance until July 1, 2016 to comply with the provisions of RILSC section 7.2.5.6.2 by completing the installation of mats for ramp  1 [East Gate] of the facility to minimize the accumulation of surface water, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	[15-335-VN]  The Board hereby affirms the relief previously granted and extends the time variance until July 1, 2016 to comply with the provisions of RILSC sections 13.2.9.1 and 7.9.1.1 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	[15-336-VN]  A variance for this violation was previously granted by the Board on May 12, 2015.
4.	[15-338-VN]  The Board hereby affirms the relief previously granted and extends the time variance until July 1, 2016 to comply with the provisions of RILSC section 13.2.10 by providing this facility with approved exit signage, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	[15-339-VN]  The Board hereby affirms the relief previously granted and extends the time variance until July 15, 2016 to comply with the provisions of RILSC section 7.8 by providing approved illumination in the egress system of this facility, at the direction and to the satisfaction of the State Fire Marshal's Office.
6.	[15-340-VN]  A variance for this violation was previously granted by the Board on May 12, 2015.  In consideration of the relief granted herein, the Board directs that in lieu of the previous condition requiring the Applicant to provide one thousand (1,000) feet of five-inch (5) large diameter hose for use by the Newport Fire Department the Applicant shall provide a skid mounted portable tank and pump with the ability to move this device around the confines of the parade field, at the direction and to the satisfaction of the State Fire Marshal's Office and the Newport Fire Department.  The Applicant shall also provide a wheeled 125lb. industrial ABC rated dry chemical fire extinguisher.  The owner shall also provide a yard fire hydrant in the south outer ditch area as a source of water supply to the parade field for firefighting purposes.  The use, deployment, and maintenance of these features are to be included in the owners action plan.  These features will be considered an equivalency to the prior Board decision provided that the internal fire load within the parade field does not increase beyond the previous history of fire loading at special events.
7.	[15-341-VN]  This violation has been corrected.
8.	[15-329-VN]  A variance for this violation was previously granted by the Board on May 12, 2015.

Additional Variance Requests

1.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 13.1.7 and 13.4.2.1(1) by allowing the maximum occupant load of this facility for special events and functions to be calculated in accordance with the provisions for smoke-protected assembly seating, without requiring automatic sprinklers.  In consideration of the relief granted herein, the Board hereby imposes the following conditions:
a.	The Applicant shall provide for uniformed Newport firefighter details during these events as deemed necessary by the Newport Fire Department and to further comply with all related directives from that office and/or the State Fire Marshal's Office.
b.	Implementation of the facility Life Safety Evaluation recommendations as set forth in the submitted plan of action to include:
i.	Additional egress;
ii.	Seasonal permanent lighting;
iii.	Access restrictions  rooftop access by authorized persons only;
iv.	Emergency action plan / tabletop exercise;
v.	Approved area of refuge / shelter-in-place plan; and,
vi.	Crowd management certification for staff.
c.	The current facility maximum occupant load of one thousand five hundred sixty (1,560) persons shall be permitted to be increased as follows:
i.	Upon the correction of original violations 1, 2, 4, 5 and 6 as set forth above, the maximum occupant load may be increased to two thousand five hundred (2,500) persons;
ii.	Upon providing additional egress capacity acceptable to the State Fire Marshal's Office OR upon providing an approved area of refuge for sheltering-in-place acceptable to the State Fire Marshal's Office, the maximum occupant load may be increased to three thousand five hundred (3,500) persons; and,
iii.	Upon providing an additional two hundred fourteen inches (214) of egress capacity acceptable to the State Fire Marshal's Office on or before November 1, 2017, the maximum occupant load may be increased to five thousand (5,000) persons.  The Board further directs that the headroom and ramp slope relief granted as to other existing means of egress shall also extend to this additional means of egress, subject to the verification and approval of the State Fire Marshal's Office.
2.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.5.2(b) by allowing the existing East Gate ramp to remain in use with a slope of approximately 13 based upon existing conditions and a structural hardship.
3.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.5.2(b) by allowing the existing Southeast Gate ramp to remain in use with a slope of approximately 13 based upon existing conditions and a structural hardship.

Finally, the Board hereby authorizes the State Fire Marshals Office and/or the Newport Fire Marshals Office to extend the above July 2016 timelines an additional fourteen (14) days for good faith compliance efforts being demonstrated by the Applicant in consideration of any unforeseen delays in compliance.

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)].