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.  An initial motion was made by Commissioner Jasparro and seconded by Commission Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.  A second motion was made by the same parties specifically addressing the fire escape system as outlined in item 6 and granting the Newport Fire Marshals Office the authority to approve a reconfiguration of this system without returning to the Board.  This motion also passed unanimously.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 8, 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 October 8, 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 the Applicant a time variance of thirty (30) days from the date of this decision in order to develop and submit plans for the correction of deficiency 1 to the direction and satisfaction of the Newport Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement the above plan.  The Board notes and approves the Applicants request to provide mini horns in the guest room to achieve the appropriate decibel level either by engineer certification or by approval of the Newport Fire Marshals Office.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 2 by properly maintaining the sprinkler system of this facility.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3 by upgrading the Ansul system of this facility.
	4.  The Board hereby grants a variance from the provisions of section 29.2.4.1 in order to allow the Applicant to maintain the existing egress from the second and third floors of this facility, as modified herein, in conjunction with the emergency fire escapes and the sprinkler system installed within this system.  This variance is granted on the basis of structural hardship.
	5.  The Board hereby grants a variance from the provisions of section 8.6.8.2 in order to allow the Applicant to maintain the existing main egress stair vertical opening in conjunction with the sprinkler coverage of this facility.
	6.  The Board hereby grants the Applicant the time variance as outlined in item 1 above in order to correct deficiency 6 by providing structural certification of the fire escape system of this facility, or approved engineering documentation acceptable to the Newport Fire Marshals Office.  In addition, the Board grants a variance to allow the Newport Fire Marshals Office the authority to approve any reconfiguration of the fire escape system without the necessity of returning to the Board.  Specifically, any modification to the fire escape system, approved by the Newport Fire Marshals Office, shall be deemed to be approved by the Board.
	7-14.  The Board hereby grants the Applicant the time variance as outlined in item 1 above in order to correct deficiencies 7, 8, 9, 10, 11, 12, 13 and 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 29.2.5.4 in order to allow the Applicant to maintain the common path of travel from the third floor guest rooms 9 and 10 to the first floor corridor, in conjunction with the existing sprinkler coverage within this facility.
	16-17.  The Board hereby grants the Applicant the time variance as outlined in item 1 above in order to correct deficiencies 16 and 17 at the direction and to the satisfaction of the Newport Fire Marshals Office.
	18.  The Board hereby grants a variance from the provisions of table 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing stair dimensions of the stairway leading to the basement of this facility.  In granting this relief on the basis of structural hardship, it is the understanding and direction of the Board that the basement is utilized only for the Applicants employees for laundry purposes and is not open to the public.
	19.  The Board notes that the cited basement stairway shall only be utilized on a limited basis by the Applicants employees and not open to the public.  However, the Board directs the Applicant to either paint or to provide other notification in the area of the diminished headroom.  The Board further directs the Applicant to work with the Newport Fire Marshals Office to determine whether the headroom area can be structurally addressed.  After all corrections have been made, at the direction and to the satisfaction of the Newport Fire Marshals Office, the Board hereby authorizes the Newport Fire Marshals Office to confirm that the Applicant has received a variance for the headroom on the basis of structural hardship.
	20.  The Board hereby grants a variance from the provisions of sections 29.2.7.2 and 29.2.2.1.2 in order to allow the Applicant to maintain the existing enclosure of the main staircase of this facility in conjunction with the sprinkler heads covering the space and on both sides of the doors leading into the space, at the direction and to the satisfaction of the Newport Fire Marshals Office within the timelines outlined in item 1 above.
	21.  The Board hereby grants a variance from the provisions of section 7.2.2.4.5.3 in order to allow the Applicant to maintain the existing cited stairway guards on the basis of structural hardship.
	22.  The Board hereby grants a variance from the provisions of section 7.2.2.4.4.6 in order to allow the Applicant to maintain the existing dimensions of the cited main stairway inside handrail on the basis of structural hardship.
	23-26.  It is the understanding of the Board that the Applicant has corrected deficiencies 23, 24, 25 and 26 at the direction and to the satisfaction of the Newport Fire Marshals Office.
	27.  The Board hereby grants a variance from the provisions of section 7.2.2.3.2.5 in order to allow the Applicant to maintain the existing basement door swing in this area utilized only by staff.  In granting this variance, it is the understanding of the Board that the Applicant shall maintain this door as an approximate twenty-minute rated door with repaired latch and approved self-closers.
	28-29.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 28 and 29 at the direction and to the satisfaction of the Newport Fire Marshals Office.
	30.  The Board hereby grants a variance from the provisions of section 29.3.2.2.3 in order to allow the Applicant to maintain the existing separation of the kitchen on the first floor from the egress corridor.  In granting this relief, the Board notes that this area shall be fully sprinklered and that the small stove within the kitchen is protected by an Ansul system which shall be connected to the fire alarm system within the time frame outlined in item 1 above.
	31-36.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 31, 32, 33, 34, 35 and 36 at the direction and to the satisfaction of the Newport Fire Marshals Office.
	37.  The Board hereby grants a variance from the provisions of section 11.5.1.5 in order to allow the Applicant to provide the area above the dryer with an approved fire rated sheetrock assembly installed at the direction and to the satisfaction of the Newport Fire Marshals Office within the timeframes outlined in item 1 above.  Specifically, when the Newport Fire Marshals Office is satisfied with this assembly, it shall be deemed acceptable by the Board.
	38-40.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 38, 39 and 40 at the direction and to the satisfaction of the Newport Fire Marshals Office.
	41.  The Board hereby grants a variance from the provisions of sections 7.5.1.3.1, 29.2.4.1 and 29.2.4.2 and their referenced standards in order to allow the Applicant to maintain the basement apartment of this facility with sprinkler coverage and with the additional safeguards outlined in item 42 below.
	42.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 42 by providing the existing door frame of the partition with an approved self-closing twenty-minute door at the direction and to the satisfaction of the Newport Fire Marshals Office and by properly addressing the partition with any additional safeguards deemed necessary by the Newport Fire Marshals Office.
	43.  The Board hereby grants a variance from the provisions of section 29.3.3.2 in order to allow the Applicant to maintain the cited vinyl wallpaper in the existing hallway areas of this facility that are fully sprinklered.  However, the Board notes that in the open stairs, any wallpaper should meet the 701 requirements within the timeframes outlined in item 1 above.

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)].