The above-captioned case was scheduled for hearing on January 5, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Pearson, Jasparro, Preiss, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Ray Gomes of the Newport Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook 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 a July 9, 2009 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 January 5, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the July 9, 2009 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. 
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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of sections 7.2.2.5.1.1, 7.1.3.2, 7.2.2.5.1.2, 8.6 and 29.2.7.2 in order to allow the Applicant to maintain the existing enclosure of the cited exit stairwells with the following additional modifications.  The Board hereby directs the Applicant to provide self-closers on the hallway doors that currently provide potential smoke separation between the levels of this facility.  The Board further grants a variance in order to allow the Applicant to maintain the existing construction of the doors with the approved existing sprinkler coverage protecting them.  Finally, the Board directs the Applicant to provide the stairway openings on the first and second floors with smoke curtains extending at least eighteen (18) inches from the first and second floor ceilings immediately adjacent to those stairway openings.  The smoke curtains may be made of plexi-glass, sheetrock or other solid material which would provide a smoke barrier at the stairway openings.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to present the Newport Fire Marshal's office with a plan of action to make the above corrections.  The Board provides the Applicant with an additional 120 days in order to implement the above plan of action, at the direction and to the satisfaction of the Newport Fire Marshal's office.  Finally, the Board hereby grants the Newport Fire Marshal's office the ability to extend the above deadline in any case for good cause shown.
	2-3.  It is the understanding of the Board that the Applicant shall correct deficiencies 2 and 3 at the direction and to the satisfaction of the Newport Fire Marshal's office within the timelines established in item 1 above.
	4.  The Board hereby grants a variance from the provisions of section 7.2.1.3.6 in order to allow the Applicant to maintain the current swing of the egress door to room 3 of this facility.  This variance is granted on the basis of structural hardship in the absence of an objection by the Newport Fire Marshal's office.
	5.  The Board hereby directs the Applicant to correct deficiency 5 at the direction and to the satisfaction of the Newport Fire Marshal's office within the time period outlined in item 1 above.
	6.  The Board hereby grants a variance from the provisions of sections 7.2.1.4.3, 7.2.1.5.9, 7.2.1.5.9.2, 7.2.1.5.10 and 29.2.2.2.2.1 in order to allow the Applicant to maintain the existing swing of the front door of this facility and to remove any unacceptable deadbolts from the door and provide the door with locking hardware approved by the Newport Fire Marshal's office.  The Board hereby grants the Applicant the same time period to correct this deficiency as outlined in item 1 above.
	7-11.  The Board hereby directs the Applicant to correct deficiencies 7, 8, 9, 10 and 11 at the direction and to the satisfaction of the Newport Fire Marshal's office within the timetables established in item 1 above.
	12.  The Board hereby grants a variance from the provisions of section 7.2.2.2.4 in order to allow the Applicant to maintain the existing winding stairs within this facility.  This variance is granted on the basis of structural hardship in the absence of an objection by the Newport Fire Marshal's office.
	13.  The Board hereby grants a variance from the provisions of section 7.2.2.3.2.1 in order to allow the Applicant to maintain the existing configuration of the rear stairwell which does not include a first floor landing at the door.  This variance is granted on the basis of structural hardship in the absence of an objection by the Newport Fire Marshal's office.
	14.  The Board hereby grants the Applicant a time variance as outlined in item 1 above, to correct deficiency 14 at the direction and to the satisfaction of the Newport Fire Marshals office.
	15.  The Board hereby grants a variance from the provisions of section 7.2.2.4.5 in order to allow the Applicant to maintain the existing guard heights in all of the stairwells of this facility.  This variance is granted on the basis of structural hardship in light of the historical nature of this facility.
	16.  The Board hereby grants a variance from the provisions of sections 7.5.1.3, 7.5.1.3.1 and 7.5.1.3.2 in order to allow the Applicant to maintain the existing remoteness of the cited exit stairwells provided the Applicant completes all of the modifications outlined in item 1 above.  
	17-26.  It is the understanding of the Board that the Applicant shall voluntarily correct deficiencies 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 at the direction and to the satisfaction of the Newport Fire Marshal's office.  The Board hereby grants the Applicant the same time relief as outlined in item 1 to correct the above deficiencies at the direction and to the satisfaction of the Newport Fire Marshal's office.

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)].