The above-captioned case was scheduled for hearing on May 10, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame and Filippi 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 Vice Chairman Coutu and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of an April 5, 2005 inspection report compiled by the Newport Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshal’s Office during the May 10, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the April 5, 2005 inspection report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein.
	
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 State Fire Marshal”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1-8.  During the May 10, 2005 hearing on this matter, the Board was advised that the Applicant shall correct deficiencies 1, 2, 3, 4, 5, 6, 7 and 8 at the direction and to the satisfaction of the Newport Fire Marshal’s office.  Accordingly, the Board hereby directs the Applicant to correct deficiencies 1, 2, 3, 4, 5, 6, 7 and 8 at the direction and to the satisfaction of the Newport Fire Marshal’s office within a timetable established by that office.
	
9.  The Board hereby grants a variance from the provisions of section 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing dimensions of the winding stairs within this facility.  In granting this variance, the Board directs the Applicant to provide the cited stairs with an additional handrail, installed at the direction and to the satisfaction of the Newport Fire Marshal within a timetable established by the Newport Fire Marshal.
	
10.  It is the understanding and direction of the Board that the Applicant shall correct deficiency #10 by providing the cited doors within the existing door jambs at the direction and to the satisfaction of the Newport Fire Marshal within a timetable established by the Newport Fire Marshal.
	
11.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing fire escape access windows of this facility.  In granting this variance, the Board directs the Applicant to remove the storm windows in order to increase the cited opening sizes, at the direction and to the satisfaction of the Newport Fire Marshal’s office.
	
12-14.  The Board hereby directs the Applicant to correct deficiencies 12, 13 and 14 at the direction and to the satisfaction of the Newport Fire Marshal’s office within a timetable established by the Newport Fire Marshal’s office.
	
15.  It is the understanding of the Board that deficiency 15 does not apply to this facility.

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)].