The above-captioned cases were scheduled for hearing on September 14, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Richard, Walker and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Raymond Gomes of the Newport Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Walker to grant the Applicant relief for both buildings as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of two (2) inspection reports, dated June 2, 2010 that were compiled by the Newport Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the Newport Fire Marshals Office during the September 14, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the June 2, 2010 inspection reports 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 
	1-15.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop a plan of action for the correction of any outstanding deficiencies listed in items 1 through 15, at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action for both buildings, at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board hereby grants the Newport Fire Marshals Office the authority to extend the above deadlines for either or both of the subject facilities for good faith efforts being shown by the Applicant.  Finally, as a condition of this relief, it is the understanding of the Board that the Applicant will provide approved spring-loaded hinges on the subject doors of this facility and will provide the subject doors with an approved finish in order to achieve a twenty-minute rating, at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board notes that once the Newport Fire Marshal's Office is satisfied that the doors maintain an approximate fire rating of twenty (20) minutes, the Board shall also be satisfied with this determination.

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)].