The above-captioned cases were scheduled for hearing on November 1, 2011 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Dias, Jasparro, Jackson, Walker, Pearson, Sylvester, Burlingame and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Wayne Clark of the Newport Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
During the November 1, 2011 hearing on this matter, the Board had before it a July 21, 2011 inspection report covering 248 Broadway, an August 15, 2011 inspection report covering 304 Broadway and an August 15, 2011 inspection report covering 4-6 Mann Avenue.  These reports were utilized by the Board, the Applicant and the Newport Fire Marshals Office during the November 1, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the July 21, 2001 report and the two (2) August 15, 2011 inspection reports its initial findings of fact covering the three (3) subject facilities.  Additionally, the Board finds that the Applicant and the Newport Fire Marshals Office have developed a plan of action which staggers the compliance dates for these facilities.  The Board was further advised and finds that these facilities are currently equipped with approved battery powered smoke and CO detection and that the Applicant shall replace the batteries in each of these detectors during all time change periods.  Additionally, the parties have agreed that the Applicant would provide domestic sprinkler head coverage in the boiler rooms of these facilities within thirty (30) days of the date of this decision.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a structured time variance in order to bring these facilities into full compliance with the code as follows.  The Applicant shall have six (6) months from the date of this decision in which to bring 248 Broadway into full compliance with the code.  The Applicant shall have twelve (12) months from the date of this decision in which to bring 304 Broadway into compliance with the code.  The Applicant shall have eighteen (18) months from the date of this decision in which to bring the facility located at 4-6 Mann Avenue into full compliance with the code.  As a condition of the above time variances, the Board directs the Applicant to maintain approved battery powered smoke and CO detection throughout these three (3) facilities at the direction and to the satisfaction of the Newport Fire Marshals Office and to further change the batteries of these smoke and CO detectors with every daylight savings time change.  Finally, the Board directs the Applicant to provide domestic sprinkler head coverage in the boiler rooms of these facilities within thirty (30) days of the date of this decision at the direction and to the satisfaction of 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)].