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 Christopher Mahoney of the Newport Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Burlingame and Pearson.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 16, 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 August 16, 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.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to submit a plan of action for either providing this facility with an approved fire alarm system or separating the basement of this facility with approved fire doors, at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board further grants the Applicant an additional 120 days in order to implement the above plan of action.  Finally, the Board hereby authorizes the Newport Fire Marshals Office to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing this facility with approved smoke and carbon monoxide alarms.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved portable fire extinguishers.
	4.  The Board hereby directs the Applicant to correct deficiency 4 within the time frame outlined in item 1 above, 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)].