As indicated in the file, a hearing involving the above-captioned property was conducted on December 5, 2017 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: Acting Chairman Pearson and Commissioners Richard, Filippi, Walker, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Octavio Vieira and Matthew Primiano of the State Fire Marshals Office.
APPLICANT: Attorney Tricia Quest.
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 initial 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.	An initial 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.
5.	An additional hearing was conducted on May 31, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review at which time Decision  150046A issued dated June 8, 2016.
6.	On October 19, 2017 the Applicant, through counsel, filed Applicants Request to Amend Decision seeking modification to the relief set forth in item 1 [Violation  15-333-VN] and additional conditions item  1(c)(iii).
7.	A subsequent hearing was conducted on December 5, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
8.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion passed on a 9 to 0 vote.

RECORD OF THE CASE

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

1.	Variance Application  150046B dated April 30, 2015 and filed on April 30, 2015.
2.	Applicants Request to Amend Decision with exhibits dated October 19, 2017.
3.	Decision  150046A dated June 8, 2016.

EXHIBITS

The following documents were presented at the December 5, 2017 hearing as exhibits:

1.	None.

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  150046A dated June 8, 2016.  The above document was utilized by the Board, the Applicant and the State Fire Marshals Office during the December 5, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates Decision  150046A 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 Applicant has initially complied in a timely manner with the requirements set forth to correct violation  15-333-VN however that improvement has proven to be ineffective and failed soon thereafter.  See Applicants Request 2.
3.	In mitigating this situation, the Applicant has provided an alternate solution by installing large stones on the East Gate ramp  1 to the satisfaction of the Newport Fire Marshals Office.  See Applicants Request 3 & 4.
4.	Additionally, Decision  150046A provided for the occupant load of the facility to be increased to five thousand (5,000) occupants upon the Applicant providing an additional two hundred fourteen inched (214) of egress capacity on or before November 1, 2017.
5.	The Board finds that the implementation of this plan is in the construction phase and is scheduled for completion on or before April 15, 2018.  See Applicants Request 6  10.
6.	There is no objection by the State 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 modifies the relief previously granted and approves the Applicants alternate compliance methods, allowing the current existing conditions to remain, at the direction and to the satisfaction of the State Fire Marshals Office.

Additional Variance Requests

	The Board hereby modifies the relief previously granted and approves the Applicants alternate compliance plan of action as follows:

1(c)(iii).	Upon providing an additional two hundred fourteen inches (214) of egress capacity by the installation of four (4) new staircases on or before May 1, 2018, the maximum occupant load may be increased to five thousand (5,000) persons.

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 constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in RIGL section 42-35-12 and 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: Fire Safety Code [FSC] 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: FSC 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 FSC or a revision of the above-cited classification.  (See: FSC 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 RIGL section 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:  FSC section 6-2-25).
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5.	In accordance with RIGL section42-35-12, 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: FSC section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].