The above-captioned cases were scheduled for hearing on August 3, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Richard, Jasparro, Dias, Filippi, Pearson and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshals Raymond Gomes and Chris Mahoney of the Newport Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the August 3, 2010 hearing on this matter, the Board had before it a plan of action outlined in a July 30, 2010 letter compiled by the Applicant in conjunction with the Newport Fire Marshal's office.  It is the understanding of the Board that the July 30, 2010 plan of action summarized the remaining deficiencies outlined in the May 7, 2010 inspection reports covering the above four (4) facilities.  Accordingly, the Board hereby incorporates the July 30, 2010 plan of action along with the May 7, 2010 inspection reports compiled by the Newport Fire Marshal's office for the above captioned facilities 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.  Initially, the Board grants a variance in order to allow the Applicant to treat doors, paneling, wainscoting and other such surfaces with an approved Class A flame spread finish, at the direction and to the satisfaction of the Newport Fire Marshal's office as part of the plan of action for the correction of deficiencies throughout these four (4) facilities.  In granting this relief, the Board notes that the Newport Fire Marshal's office has no objection and that the flame spread materials shall be provided on or before December 31, 2010.
	2.  The Board notes that the Applicant has identified six (6) items to be completed on all of the subject facilities within the timetable outlined below.  The six (6) items are as follows:  

1.  Replace the cited windows with those having a clear opening of 5.7 square feet.
2.  Install domestically supplied sprinkler heads over the cited furnaces.
3.  Install approved fire extinguishers per code.
4.  Install spring-loaded hinges on the egress doors.
5.  Install shut off switches for the furnaces.
6.  Install a basic fire alarm system including smoke, fire and carbon detection and emergency lighting and exit signage.

	With regard to the 2 School Street property, the Board directs the Applicant to correct the above deficiencies at the direction and to the satisfaction of the Newport Fire Marshal's office on or before December 31, 2010.  The Board further notes that the third floor bedroom of this facility, which is part of the second floor apartment, will not be required to maintain a rescue window provided the Applicant shall maintain an approved mini-horn and CO detection in this area, at the direction and to the satisfaction of the Newport Fire Marshal's office.
	With regard to the 2 Ayrault Street property, the Board directs the Applicant to correct items 1 through 5 above on or before December 31, 2010.  The Board directs the Applicant to correct item 6 within this facility on or before June 30, 2011.
	With regard to the 421 Broadway property, the Board directs the Applicant to correct items 1 through 5 above, at the direction and to the satisfaction of the Newport Fire Marshal's office, on or before December 31, 2010.  The Board further directs the Applicant to correct item 6 on or before December 31, 2011.
	With regard to the 347 Broadway property, the Board directs the Applicant to correct items 1 through 5 above, at the direction and to the satisfaction of the Newport Fire Marshal's office, on or before December 31, 2010.  The Board further directs the Applicant to correct item 6 on or before June 30, 2012.
	All of the above corrections shall be 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)].