The above-captioned case was scheduled for hearing on April 13, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Jasparro, Dias, Richard and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Raymond Gomes and Kevin Garcia of the Newport Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Filippi and 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 February 22, 2010 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 April 13, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the February 22, 2010 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 time variance of thirty (30) days from the date of this decision in which to submit plans for the installation of a sprinkler system within this facility and an additional 120 days from the above thirty days in order to allow the Applicant to implement those plans by installing an approved sprinkler system within this facility, at the direction and to the satisfaction of the Newport Fire Marshal's office.  
	2.  The Board hereby grants a variance from the provisions of section 13.3.1 in order to allow the Applicant to maintain the existing center egress stairway and three-story unprotected vertical opening in conjunction with the sprinkler coverage to be installed as outlined above with additional approved heads at the top of the landing and a smoke curtain at the first floor level, installed at the direction and to the satisfaction of the Newport Fire Marshal's office within the time lines outlined in item 1 above.  In granting this variance, it is the understanding of the Board that the Newport Fire Marshal's office has no objection in light of the additional safeguards.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans for the correction of deficiency 3 by providing a dedicated stairway directly from the second floor to the outside of this facility.  The Board hereby grants the Applicant an additional 120 days in order to implement the above plans by installing the dedicated stairway at the direction and to the satisfaction of the Newport Fire Marshal's office.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by providing the cited main exit doors of this facility with approved fire rated panic hardware installed at the direction and to the satisfaction of the Newport Fire Marshal's office.
	5.  The Board hereby grants a variance from the provisions of sections 13.2.1 and 7.1.3.2.1 and their referenced standards in order to allow the Applicant to maintain the existing sliding glass door between the kitchen and the three-story exit enclosure of this facility with full sprinkler coverage and an additional water curtain installed at the direction and to the satisfaction of the Newport Fire Marshal's office on these doors.  The Board hereby grants the Applicant the time variance outlined in item 1 above in which to provide the sprinkler coverage and the additional water curtain on the cited sliding glass doors at the direction and to the satisfaction of the Newport Fire Marshal's office.
	6.  During the April 13, 2010 hearing on this matter, the Board was advised that the Applicant maintains sliding glass doors used as the interior exit doors at the second floor level assembly area of this building.  The Board was further advised by the Applicant that this area occasionally has private meetings and that the Applicant would provide an attendant on the floor during any such private meetings in this area.  The attendant would further be provided with training and the training would be also incorporated into a training manual approved by the Newport Fire Marshal's office.  The Board hereby grants the Applicant the time variance outlined in item 1 in which to implement this plan of action.  Finally, the Board notes that the Newport Fire Marshal's office considers the relief granted to be reasonable in light of the above safeguards.
	7.  The Board hereby grants a variance from the provisions of section 13.2.1 and 7.1.3.2.1 in order to allow the Applicant to provide the third floor apartment existing door jambs with approved solid core wood doors maintaining an approximate fire rating of twenty minutes.  The above doors shall be installed with self-closers at the direction and to the satisfaction of the Newport Fire Marshal's office.  In reviewing this request, the Board finds that the Newport Fire Marshal's office had no objection in light of the full sprinkler coverage throughout this facility, and other safeguards.  Finally, the Board grants the Applicant the same time variance as outlined in item 1 above in order to implement this plan of action.
	8-21.  It is the understanding of the Board that the Applicant has corrected deficiencies 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 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)].