The above-captioned case was scheduled for hearing on August 19, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Jackson, Preiss, Walker, Jasparro, Dias and Filippi were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Donald Medeiros of the Little Compton Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
The numbers of the Decision below correspond in sequence with the variance request items listed in the executive summary of a June 26, 2008, eleven page request for appeal compiled by the Applicant.  The above June 26, 2008 request for appeal was utilized by the Board, the Applicant and the Little Compton Fire Marshals Office during the August 19, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the June 26, 2008 request for appeal 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. 
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 7.1.3.2.2 in order to allow the Applicant to enclose stairway 1 with two-hour fire resistant rated construction or equivalent on all floors except the first floor of this facility.  In granting this relief, it is the understanding of the Board that there is no change in use of this historical facility and that the Applicant shall provide approved sprinkler coverage and compliant new fire alarm coverage.  In light of the above, it is the understanding of the Board that the Little Compton Fire Marshal's office has no objection.
	2.  The Board hereby grants a variance from the provisions of sections 7.1.5, 7.1.5.3 and 7.2.2.2.1 in order to allow the Applicant to maintain the existing cited headroom throughout this facility.  This variance is granted on the basis of structural hardship in light of the fire safety upgrades being made by the Applicant and the historical nature of this facility.
	3.  The Board hereby grants a variance from the provisions of section 7.2.1.2.4 in order to allow the Applicant to maintain the existing door widths of door S-2.1 and door 106.1 due to structural hardship.  In granting this relief, it is the understanding of the Board that the Little Compton Fire Marshal's office has no objection in light of the fire safety upgrades being made to this facility.
	4.  The Board hereby grants a variance from the provisions of section 7.2.1.4.3 in order to allow the Applicant to maintain the existing swings of doors 110.1 and 112.1 that provide access to Stairway 2.  In granting this relief, it is the understanding of the Board that re-swinging the doors would obstruct the stairway landing at the level of exit discharge.  
	5.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing width of Stairways 1 and 3 based on structural hardship.  In granting this relief, it is the understanding of the Board that the Little Compton Fire Marshal's office has no objection in light of the fire safety upgrades being made to this facility.
	6.  The Board hereby grants a variance from the provisions of section 28.2.4.2(2) in order to allow the Applicant to maintain the current egress arrangement from guest room 5A on the second floor and guest room 8A on the third floor, having access to only stairway 2 which also serves the basement of this facility.  In granting this relief, it is the understanding of the Board that the Little Compton Fire Marshal's office has no objection in light of the fire safety upgrades being made to this facility by the Applicant.

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 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: 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 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 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 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.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].