The above-captioned case was originally scheduled for hearing on May 10, 2005 at 1:00 P.M.  At that time the case was scheduled for an on-site review by the Board.  A subcommittee of the Board visited the facility on June 15, 2005 at 1:30 P.M.  After reviewing the entire facility, the Board directed the Applicant to work with the Newport and State Fire Marshal’s office in addressing the egress deficiencies within this facility.  The Applicant returned to the Board on August 16, 2005 with a plan of action for addressing the fire code deficiencies within this facility.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Pearson, Filippi and O’Connell were present.  Commissioner Burlingame recused himself from consideration of this case.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Christine Kent of the State Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner O’Connell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby adopts the building description outlined by the State Fire Marshal’s office in a July 20, 2004 inspection report as its initial findings of fact in this case.  In addition, the Board notes that during an on-site inspection of this facility, several proposed egress alternatives were reviewed by the Applicant.  The Board further finds that the Applicant has returned with a proposed plan for the installation of an approved outside steel stair or equivalent at the direction and to the satisfaction of the State Fire Marshal’s office and to further provide the existing stairs with sprinkler coverage and enclosure at the top.  Finally, the Board finds that the Applicant needs time to complete this project.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance in order to allow the Applicant to maintain the egress system of this facility as modified herein.  As a condition of this variance, the Board directs the Applicant to provide this facility with the proposed steel outside stair or equivalent installed at the direction and to the satisfaction of the State Fire Marshal’s office on or before December 31, 2006.  The Board further directs the Applicant to correct the cited deficiencies, in the newer building, at the direction and to the satisfaction of the State Fire Marshal’s office on or before December 31, 2006.
	
2.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing stairs within this facility.  In granting this variance, the Board directs the Applicant to enclose the existing stairs at the top and to extend the sprinkler coverage into the stairs at the direction and to the satisfaction of the State Fire Marshal’s office on or before December 31, 2005.

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)].