The above-captioned case was scheduled for hearing on May 3, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Preiss, Jasparro, Pearson, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Kevin Garcia of the Newport Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Dias 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 March 15, 2011 inspection report compiled by the Fire Marshals Office and forwarded to the Applicant on March 24, 2011. The above report, and the Applicants corresponding plan of action,  were utilized by the Board, the Applicant and the Newport Fire Marshals Office during the May 3, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the March 15, 2011 inspection report, and the Applicants corresponding plan of action,  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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	In accordance with the Applicants approved plan of action, the Board hereby grants a time variance, until September 1, 2011, for the Applicant to correct Deficiency 1, by upgrading the cited fire alarm system at the direction and to the satisfaction of the Newport Fire Marshals Office.  
2.	In accordance with the Applicants approved plan of action, the Board hereby grants a time variance, until September 1, 2011, for the Applicant to correct Deficiency 2, by upgrading the cited emergency lighting and exit signage at the direction and to the satisfaction of the Newport Fire Marshals Office.  
3 & 4 	In accordance with the Applicants approved plan of action, the Board hereby grants a time variance, until September 1, 2011, for the Applicant to temporarily correct Deficiencies 3 and 4, by installing the required door closures on the egress doors at the end of each hallway and in the stair towers where doors are present, at the direction and to the satisfaction of the Newport Fire Marshals Office.  
5.	In accordance with the Applicants approved plan of action, the Board hereby grants a time variance, until September 1, 2011, for the Applicant to correct Deficiency 5, by installing an approved sprinkler system, in the basement level of this facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.  
6.	In accordance with the Applicants approved plan of action, and conditioned upon the fact that the Applicant has advised the Board that the Newport Public Schools will be occupying the Triplett School on a temporary basis for no longer than the next two (2) school years, the Board hereby grants a variance to allow the Applicant to not to provide the cited windows for rescue. In granting this relief, the Board notes that the Newport Fire Marshals Office considers the Applicants plan to be reasonable for a temporary occupancy and that the Applicant shall provide partial sprinkler coverage as outlined in Item 5 above. 
7.	In accordance with the Applicants approved plan of action, and conditioned upon the fact that the Applicant has advised the Board that the Newport Public Schools will be occupying the Triplett School on a temporary basis for no longer than the next two (2) school years, the Board hereby grants a variance to allow the Applicant to maintain the cited height of the guards on the existing stairs throughout this facility. In granting this relief, the Board notes that the Newport Fire Marshals Office considers the Applicants plan to be reasonable.
8.	In accordance with the Applicants approved plan of action, the Board hereby grants a time variance, until September 1, 2011, for the Applicant to correct Deficiency 8, by correcting the cited horizontal openings of the guards, located in the stair towers, at the direction and to the satisfaction of the Newport Fire Marshals Office.  

9.	In accordance with the Applicants approved plan of action, and contingent upon the fact that the Applicant has advised the Board that the Newport Public Schools will be occupying the Triplett School on a temporary basis for no longer than the next two (2) school years, the Board hereby grants a variance to allow the Applicant to maintain the current handrails within the stairways of this facility. In granting this relief, the Board notes that the Newport Fire Marshals Office considers the Applicants plan to be reasonable.
10.	In accordance with the Applicants approved plan of action, and contingent upon the fact that the Applicant has advised the Board that the Newport Public Schools will be occupying the Triplett School on a temporary basis for no longer than the next two (2) school years, the Board hereby grants a variance to allow the Applicant maintain the existing cited travel distance within this facility. In granting this relief, the Board notes that the Newport Fire Marshals Office considers the Applicants plan to be reasonable.
11.	In accordance with the Applicants approved plan of action, the Board hereby grants a time variance, until September 1, 2011, for the Applicant to correct Deficiency 11, by removing the cited vending machines, at the direction and to the satisfaction of the Newport Fire Marshals Office. 
12.	In accordance with the Applicants approved plan of action, and contingent upon the fact that the Applicant has advised the Board that the Newport Public Schools will be occupying the Triplett School on a temporary basis for no longer than the next two (2) school years, the Board hereby grants a variance to allow the Applicant not to provide the cited self-closing devices on the cited classroom doors. In granting this relief, the Board notes that the Newport Fire Marshals Office considers the Applicants plan to be reasonable
13.	In accordance with the Applicants approved plan of action, and contingent upon the fact that the Applicant has advised the Board that the Newport Public Schools will be occupying the Triplett School on a temporary basis for no longer than the next two (2) school years, the Board hereby grants a variance to allow the Applicant not to change the cited classroom doors and the non-rated door glass. In granting this relief, the Board notes that the Newport Fire Marshals Office considers the Applicants plan to be reasonable.
14.	In accordance with the Applicants approved plan of action, and contingent upon the fact that the Applicant has advised the Board that the Newport Public Schools will be occupying the Triplett School on a temporary basis for no longer than the next two (2) school years, the Board hereby grants a variance to allow the Applicant to maintain the cited cooking equipment. In granting this relief, the Board notes that the Newport Fire Marshals Office considers the Applicants plan to be reasonable

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)].