The above-captioned case was scheduled for hearing on April 10, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Pearson, Walker, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  Vice Chairperson Filippi recused herself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioners Dias and Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of an October 19, 2011 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the April 10, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the October 19, 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.  (11-2324-VN).  The Board hereby reaffirms the original variance granted in file number 070333 in order to allow the Applicant to maintain the existing cited stairway dimensions throughout this facility.
	2.  (11-2325-VN).  The Board hereby reaffirms the original variance granted in file number 070333 in order to allow the Applicant to maintain the existing guest room doors provided these doors remain smoke tight.
	3.  (11-2334-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited single action manual fire alarm boxes throughout this facility.
	4-7.  (11-2335-VN, 11-2336-VN, 11-2337-VN and 11-2338-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 4, 5, 6 and 7 at the direction and to the satisfaction of the State Fire Marshals Office.
	8.  (11-2340-VN).  The Board hereby grants the Applicant a time variance until the opening of the 2012 season in May of 2012 to correct deficiency 8 by providing hard-wired smoke detection in the cited stairway in the basement and in the common corridor in the back of the kitchen.  The smoke detection shall be installed at the direction and to the satisfaction of the State Fire Marshals Office and the State Fire Marshals Office shall have the authority to extend this time for good faith efforts being shown by the Applicant.
	9.  (11-2341-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing smoke detector as an alternative to the cited heat detection in the linen storage room of this facility.  Accordingly, the linen storage room would currently be considered to be in compliance.
	10.  (11-2342-VN).  The Board hereby grants the Applicant a time variance until the opening of the 2012 season in May of 2012 for the Applicant to correct deficiency 10 by submitting plans for the upgrading of the fire alarm system of this facility and implementing those plans at the direction and to the satisfaction of the State Fire Marshals Office.  Again, the State Fire Marshals Office shall have the authority to extend this timeline for good faith efforts being shown by the Applicant.
	11-13.  (11-2343-VN, 11-2344-VN, 11-2345-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 11, 12 and 13 at the direction and to the satisfaction of the State Fire Marshals Office.
	14.  (11-2346-VN).  The Board hereby grants the Applicant the time variance outlined in item 8 above in which to correct deficiency 14 by providing an approved smoke detector in the vicinity of the fire alarm panel.
	15.  (11-2347-VN).  In light of the limited occupancy of the basement of this facility to only the owner and his employees, the Board hereby grants a variance in order to allow the Applicant to maintain one (1) approved means of egress from the basement.  In granting this variance, it is the understanding of the Board that the State Fire Marshals Office has no objection in light of the above and the upgrades to the fire alarm system.
	16.  (11-2323-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the cited manual pull stations at their current height.

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)].