The above-captioned case was scheduled for hearing on March 13, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester, Pearson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Christopher Mahoney of the Newport Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Vice Chairperson Filippi and 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 November 18, 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 March 13, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the November 18, 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 thirty (30) days from the date of this decision in which to develop and submit a set of plans for the installation of an approved fire alarm system within this facility.  The Board further grants the Applicant an additional 150 days in order to implement the above plans, and install an approved fire alarm system in this facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.  Finally, the Newport Fire Marshals Office shall have the authority to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2.  The Board hereby grants the Applicant a time variance as outlined in item 1 above in order to correct deficiency 2 by providing this facility with approved smoke and carbon monoxide detection, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	3.  The Board hereby grants the Applicant a time variance as outlined in item 1 above in order to correct deficiency 3 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the Newport Fire Marshals Office.
	4.  It is the understanding of the Board that item 4 is not applicable and therefore not a violation of the code.
	5.  The Board hereby grants a variance from the provisions of section 7.4.1.1 and its referenced standards in order to allow the Applicant to maintain both the second means of egress from this facility and the measurement of the access windows to the second means of egress.  This variance is granted on the basis of structural hardship in the absence of an objection by the Newport Fire Marshals Office.
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 by properly repairing and maintaining the internal means of egress walls, at the direction and to the satisfaction of the Newport Fire Marshals Office, in order to achieve an approximate fire rating of twenty (20) minutes.
	7.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 7 by providing the cited egress systems with an approved Class A or equivalent finish, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	8-9.  It is the understanding of the Board that deficiencies 8 and 9 have been corrected by the Applicant.
	10.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 10 by providing this facility with approved solid core or steel doors maintaining an approximate fire rating of twenty (20) minutes.
	11.  It is the understanding of the Board that item 11 is not applicable.	
	12.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 12 by providing the boiler area of this facility with an approved remote shut-off switch, installed at the direction and to the satisfaction of the Newport Fire Marshals Office.
	13.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 13 by providing the boiler area of this facility with either an approved enclosure or a domestically supplied sprinkler head, installed at the direction and to the satisfaction of the Newport Fire Marshals Office.
	14.  It is the understanding of the Board that item 14 has been corrected and that the Applicant has provided this facility with approved portable fire extinguishers.
	15.  It is the understanding of the Board that item 15 is not applicable to this facility.
	16.  It is the understanding of the Board that the Applicant has removed the cited extension cords being utilized as permanent wiring in the storage area of this facility.

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)].