The above-captioned case was scheduled for hearing on March 13, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, O'Connell, Richard, Evans and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Leber of the Newport Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the March 13, 2001, hearing on this matter, the Board was advised that the Applicant sought relief from the provisions of sections 23-28.19-1 and 23-28.19-15. The above provisions cover the period of time a tent may remain erected and the standards governing fire department staffing requirements. The Applicant’s position has been reduced to writing and submitted to the Newport Fire Marshal Leber in a December 7, 2000 letter. A copy of that letter was submitted to the Board as part of the application for variance. Accordingly, the Board hereby incorporates the December 7, 2000 letter as its initial findings of facts. 
	
The Board finds that the Newport Yachting Center obtained to variances for the Fire Safety Board in 1983 and again in 1985.  These variances involved relief from setbacks and allowed tents to be erected within the First Fire District of Newport.  The Applicant is now seeking additional relief as outline above. Specifically, in the Spring of each year, the Newport yachting Center erects three tents. During the March 13, 2001 hearing on this matter, the Applicant advised the Board that these tents are left up until the end of October.  

Over the past 10 years, the Applicant has annually submitted a schedule of the public events in these tents to the Newport Fire Marshal's office. As a condition of the requested variances, the Applicant proposes to continue this process and include a list of all private parties and anticipated number of attendees.  

The Newport Fire Marshal's office, upon review of the above list, advises the Applicant of the fire fighter on duty requirements for each event. The parties are in agreement that if the actual occupancy of a tent is below 300 people, there would normally be no requirement for a firefighter on duty.  Finally, it is the understanding of the Board that all other fire code deficiencies within these tents shall be corrected by the Applicant prior to their occupancy.
	
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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of section 23-28.19-1 in order to allow the Applicant to maintain the three tents, described in the December 7, 2000 letter from Alexander G. Walsh Esq. to Newport Fire Marshal Leber, to be erected and maintained during the Spring of each year through the following October.

2. The Board hereby grants a variance from the provisions of section 23-28.19-15 in order to allow the Applicant to maintain the above tents, without being required to provide a firefighter on duty, if the actual capacity of the tent, as determined by the Newport Fire Marshal, is less than 300 people.  In granting this variance, it is the understanding and direction of the Board that the above tents shall only be utilized for low hazard activities. As a further condition of this variance, prior to the annual occupancy of these tents, the Applicant shall provide the Newport Fire Marshal with a complete list of the public and private events scheduled for each tent. The above list shall further contain the projected actual occupancy of each event and be updated as necessary.

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 Applicant’s 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 Board’s 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 Board’s 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)].

This decision was mailed on 3-28-01.