The above-captioned case was scheduled for hearing on December 13, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshals Raymond Gomes and Christopher Mahoney of the Newport Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Richard 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 21, 2011 inspection report compiled by the Newport Fire Marshals Office along with an October 4, 2011 plan of action compiled by the Applicant.  The above report and plan of action were utilized by the Board, the Applicant and the Newport Fire Marshals Office during the December 13, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the July 21, 2011 inspection report along with the October 4, 2011 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 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 
	1-2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit to the Newport Fire Marshals Office a plan of action for the installation of a fire alarm system in this facility and also for installation of smoke and carbon monoxide alarms.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the Newport Fire Marshals Office.  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.
	3-7.  With the exception of item 6, the Board hereby directs the Applicant to correct deficiencies 3, 4, 5 and 7 at the direction and to the satisfaction of the Newport Fire Marshals Office on or before December 31, 2011.  With regard to item 6, the Board directs the Applicant to immediately remove the cited curtain and other obstructions to the exit of this facility.
	8-10.  The Board hereby grants the Applicant a time variance until March 31, 2012 in order to correct deficiencies 8, 9 and 10 as outlined on the above referenced inspection report and plan of action, 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)].