The above-captioned case was scheduled for hearing on December 14, 2010 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Richard, Pearson, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Wayne Clark of the Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Filippi 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 November 10, 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 December 14, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the November 10, 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.  During the December 14, 2010 hearing on this matter, the Board was advised that there are four (4) units in this facility; three are utilized as guest suites and one as an apartment for the innkeeper.  The Board was further advised that in light of the Applicants lack of thirty-seven square feet of common living space in this building, he has been cited for the installation of a local fire alarm system.  However, the Board notes that the common living space is providing by the main inn.  In light of the above, the Board hereby grants a variance from the provisions of section 26.3.3.5.1.1 in order to allow the Applicant not to provide this facility with a local fire alarm system as long as the occupancy remains the same.  In granting this relief, it is the understanding of the Board that the house is sprinklered and has an interconnected system of smoke and CO alarms and that the common space required for the bed and breakfast occupancy is actually provided by the main inn within this complex. 
	2-5.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans to the Newport Fire Marshals Office for the correction of deficiencies 2, 3, 4 and 5.  The Board further grants the Applicant an additional 150 days in order to implement the above plans, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	6.  The Board hereby grants a variance from the provisions of section 26.3.1.1.3 in order to allow the Applicant to maintain the existing unenclosed stairway with the second floor glass panel entrance doors with sprinkler coverage in the stairway and on both sides of the doors.  
	7.  The Board hereby directs the Applicant to correct deficiency 7 within the timeframes outlined in item 2 above.
	8.  The Board directs the Applicant to correct deficiency 8 at the direction and to the satisfaction of the Newport Fire Marshals Office, in accordance with the timetables outlined in item 2 above, with the installation of an approved solid core wood door with approved self-closers.
	9.  See item 8 above.
	10.  The Board hereby grants the Applicant the time variance outlined in item 2 above in order to correct deficiency 10 by providing the laundry room door frame with an approved solid core wood door with approved self-closing devices, installed at the direction and to the satisfaction of the Newport Fire Marshals Office.
	11.  See item 10 above.
	12.  The Board hereby grants a variance from the provisions of section 26.2.1.2 on the basis of structural hardship in the absence of an objection by the Newport Fire Marshals 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)].