As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, April 3, 2018 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Christopher Mahoney of the Newport Fire Marshals Office.
APPLICANT: Timothy Toomey.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under RIGL chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Timothy Toomey (authorized representative) of Gurney's Newport, 1 Goat Island, Newport, RI dated December 13, 2017.
3.	The Application was received by the Board and File  180028 was opened on February 27, 2018.
4.	A hearing on the Application was conducted on April 3, 2018 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioners Sylvester and Thornton and seconded by Commissioner Jackson to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180028 and are pertinent to the decision rendered:

1.	Variance Application  180028 dated December 13, 2017 and filed on February 27, 2018.
2.	Newport Fire Marshals Office Inspection Report dated August 29, 2017.
3.	Letter of authorization for Timothy Toomey from George Filopoulos dated February 14, 2018.

EXHIBITS

The following documents were presented at the April 3, 2018 hearing as exhibits:

1.	Applicants photographs (3).

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 numbers of the Decision below correspond with those of the August 29, 2017 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the April 3, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the August 29, 2017 inspection 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 10-story with basement multiple/mixed use (hotel & assembly) occupancy consisting of approximately two hundred twenty-nine thousand three hundred ninety-one (229,391) square feet (gross area) and originally built in 1969.
3.	The building is of Type II (111) construction, has a compliant fire alarm system with emergency forces notification and is provided with an approved automatic sprinkler system.
4.	Hard-wired smoke alarms are provided in the buildings two hundred fifty-seven (257) guest rooms.
5.	The maximum occupant load of the facility has been calculated at in excess of one thousand (1,000) persons.
6.	There is no objection by the Newport Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	FIRE DEPARTMENT ACCESS: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 18.2.3.4.4 by providing approved fire department access roads and markings, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
2.	This deficiency has been corrected.
3.	KEY ACCESS BOX: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 18.2.2.1 by providing this facility with an approved key access box with appropriate keys, at the direction and to the satisfaction of the Newport Fire Marshals Office.
4.	This deficiency has been corrected.
5.	CROWD MANAGERS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 20.1.5.6.1 by providing this facility with approved crowd managers, at the direction and to the satisfaction of the Newport Fire Marshals Office.  It is the understanding of the Board that crowd manager training for the facility staff has been scheduled with the State Fire Marshal's Office for April 17, 2018.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.
9.	SMOKE ALARMS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 29.3.4.5 by providing this facility with approved smoke alarms or smoke detectors in the guest rooms of the facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	EXTINGUISHMENT: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 13.3.2.6.1 by developing and submitting a plan of action for the installation of approved automatic sprinkler protection in accordance with section 9.7 throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the Newport Fire Marshals Office.  It is the understanding of the Board that deficiencies  12 (a), (e) and (f) have been corrected.
13.	This deficiency has been corrected.
14.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 13.1.9 by repairing or replacing the disabled underground feed to the marina and/or AC Shop, at the direction and to the satisfaction of the Newport Fire Marshals Office.
15.	COMMERCIAL COOKING: The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 50.5.4 by providing approved cleaning and maintenance for the Pineapple Kitchen hood and exhaust system, at the direction and to the satisfaction of the Newport Fire Marshals Office.  It is the understanding of the Board that deficiencies  15 (a), (b) and (c) have been corrected.
16.	This deficiency has been corrected.
17.	This deficiency has been corrected.
18.	This deficiency has been corrected.
19.	MAINTENANCE OF FIRE-RESISTIVE CONSTRUCTION: The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 12.3.3.1 by providing an approved door for the electrical room off of the kitchen, at the direction and to the satisfaction of the Newport Fire Marshals Office.  It is the understanding of the Board that deficiencies  19 (a) and (c) have been corrected.
20.	This deficiency has been corrected.
21.	This deficiency has been corrected.
22.	This deficiency has been corrected.
23.	PROTECTION OF VERTICAL OPENINGS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.3.1 by allowing the stair by room  2201 to remain open at the top.  It is the understanding of the Board that the use of this stair is limited to accessing the two (2) guest rooms at the top and that the stair is enclosed at the lower level.
24.	ADMISSIONS SUPERVISED: The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 13.7.6.4 by providing an approved written plan of action for firefighter details in the facilitys places of assembly, at the direction and to the satisfaction of the Newport Fire Marshals Office.

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 450-RICR-00-00-1.7.2(V)].
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 450-RICR-00-00-1.7.2(W)].  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 450-RICR-00-00-1.7.2(X)].
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 450-RICR-00-00-1.7.2(Y)].
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.
In accordance with RIGL section 42-35-12, 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 450-RICR-00-00-1.7.2(R)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].