The above-captioned case was 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 Marshals Wayne Clark and Robert Dufault of the Newport Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Jasparro 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 July 12, 2011 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 November 1, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the July 12, 2011 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 
	1-9.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit fire alarm plans and to complete the installation of smoke and CO detection, at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in which to correct any remaining deficiencies outlined in items 1 through 9, at the direction and to the satisfaction of the Newport Fire Marshals Office in accordance with the submitted plans.  Finally, the Board notes that the Newport Fire Marshals Office may extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by either replacing or providing an approved rating on the cited apartment doors of this facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board directs the Applicant to correct deficiency 10 within a timetable established by the Newport Fire Marshals Office.
	11.  The Board hereby grants the Applicant the time variance outlined in items 1-9 above in order to correct deficiency 11 by providing approved egress from this facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.  Specifically, the Applicant may provide domestic sprinkler coverage in the primary means of egress or the Newport Fire Marshals Office may approve a professionally designed alternative means of egress from the apartment units of this facility.  Accordingly, if the Newport Fire Marshals Office is in agreement that the egress system is in substantial compliance, the Board shall consider the system to be in substantial compliance.
	12-14.  It is the understanding of the Board that items 12, 13 and 14 currently comply with the code.
	15.  It is the understanding of the Board that item 15 is not applicable.

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)].