The above-captioned case was scheduled for hearing on March 15, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Blackburn, Preiss, Walker, Jasparro, Pearson, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Ray Gomes of the Newport Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the current property located at 110-112 William Street was formerly connected to 106-108 William Street.  The Board further finds that as part of a redevelopment of the property the above properties were split into two (2) separate buildings.  The Board further finds that when the properties were joined, they shared a common second floor assembly occupancy.  The Board further finds that the separated property of 110-112 William Street is a two-story type III building of approximately 5400 square feet in area.  The Board finds that the first floor has two mercantile occupancies and the second floor is mixed use with business and an assembly occupancy, currently occupied as a yoga studio.
	The Board further finds that the Applicant has requested a reduction of the occupancy of the second floor yoga studio to be no more than forty-nine (49) people in order to comply with the egress provisions for that level.  The Board further finds that the second floor currently maintains only one (1) means of egress, a sixty-inch (60) wide stair that leads directly to the exterior of the building.  It is the understanding of the Board that all other fire code deficiencies in this facility have been corrected by the Applicant.

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 variance from the provisions of section 12.2.4 and 7.4.1.1 in order to allow the Applicant to maintain a reduced occupancy on the second floor of this facility at forty-nine (49) people and therefore only provide the second floor with one (1) approved means of egress.  This variance is based upon the Applicant maintaining a yoga studio or a lesser use at forty-nine (49) people.  In the event the Applicant wishes to modify the existing occupancy, the Applicant shall immediately notify the fire service prior to any modifications of this occupancy.

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)].