The above-captioned facility was originally reviewed by a Subcommittee of the Board during a hearing day on Block Island which took place on October 15, 2008. At that time the Subcommittee recommended that the Owner of the facility be granted a time variance, until the seasonal re-opening of the facility scheduled for May of 2009, to bring the building into compliance with a July 6, 2006 inspection report issued by the State Fire Marshals Office. The Subcommittee recommendations were thereupon submitted to, and approved by, the Board and the Boards Decision, covering file nos. 050536 and 060787, was mailed to the Owner on March 10, 2009. It is now the understanding of the Board that the Owner never re-opened the facility in May of 2009 and that the facility remains unoccupied.    

The above-captioned case was most recently scheduled for hearing on June 12, 2012 at 1:00 P.M. At that time, Chairman Newbrook, and Commissioners Blackburn, Burlingame, Sylvester, Jasparro, Walker and Pearson were present.  Vice Chairperson Filippi again recused herself from hearing this Block Island case. The fire service was represented by Chief Deputy Fire Marshal James Gumbley, Chief of Inspections Scott Caron and Deputy State Fire Marshal Eric Kiernan of the State Fire Marshals Office. Block Island Fire Chief Tristan Payne did not appear but advised the Board, by correspondence dated May 3, 2012, that he opposed the subject facility from opening at that time. The Chief Deputy State Fire Marshal further noted the opposition of the State Fire Marshal. 
An initial motion was made by Commissioner Sylvester and seconded by Commissioner Pearson to deny the Applicant relief as outlined herein.  The motion passed over the opposition votes of Chairman Newbrook and Commissioner Blackburn who noted that the original July 6, 2006 inspection report, issued by the State Fire Marshals Office, did not list the absence of a sprinkler system or the existing fire alarm system as being deficiencies. 

As second motion was made by Commissioner Jasparro and seconded by Commissioner Pearson to grant the Applicant the structural relief outlined herein. The motion further directed that the file remain open to allow the Applicant and the State Fire Marshal to return if they had further questions or developed a mutually acceptable alternative plan of action for this facility. This motion was passed unanimously by the members present.

FINDINGS OF FACT
	The numbers of the Decision below correspond, in sequence, with those of a June 6, 2012 inspection report (identified as Inspection  12-752-IS) 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 June 12, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the June 6, 2012 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.
	Based upon the originally adopted State Fire Marshals description of the facility,  Board finds that the subject facility is essentially a three (3) story facility with small fourth level section on the west side of the facility. The Board further finds that the facility is built over a full basement. The Board finds that the fourth level consists of four bedrooms and one bathroom. The Board finds that the third floor has multiple sleeping rooms, two bathrooms and a storage closet. The Board finds that the second floor consists of all sleeping rooms and multiple bathrooms. The Board finds that the first floor has a center foyer check-in area, a dining room, and a full commercial kitchen. The Board further finds that the first floor also maintains a sitting room/ lobby-type area, and a small apartment consisting of one bedroom, one bathroom and a living room. The Board finds that there is also a back kitchen area to store and prepare food. The Board finds that the facility maintains a total of thirty-five (35) bedrooms including the apartment bedroom. 

The Board finds that the originally-referenced July 6, 2006 inspection report advised that the facility has an alarm system with a municipal connection to the Block Island Fire Department which had been tested on June 21, 2006.  The Board further finds that the July 6, 2006 inspection report did not cite the lack of sprinkler coverage as a deficiency within this facility. The Board finds that the most recent State Fire Marshals Inspection Report Number 12-752-IS, issued on June 6, 2012, now cites the lack of sprinkler coverage as a deficiency (12-1017-VN) and further cites the facility as lacking a compliant fire alarm system as a deficiency (12-1036-VN). 

Finally, the Board finds that the latest inspection report (12-752-IS) cites four dimensional deficiencies (12-1019-VN, 12-1031-VN, 12-1035-VN and 12-1040-VN). During the June 12, 2012 hearing, the State Fire Marshals Office advised that it had no objections to the Board granting dimensional variances covering the cited deficiencies in light of the Applicants agreement to correct the remaining deficiencies and specifically provide this facility with an upgraded fire alarm system and sprinkler coverage. 
	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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. (12-1014-VN)	It is the understanding and direction of the Board that the Applicant has corrected Deficiency 1 by providing the sleeping rooms with smoke and carbon monoxide protection. 	
2. (12-1015-VN)	It is the understanding and direction of the Board that the cited laundry units are currently disconnected and will be removed by the Applicant. 	
3. (12-1016-VN)	It is the understanding and direction of the Board that the Applicant shall not engage in cooking within this facility before the required suppression system is installed and approved.
4. (12-1017-VN)	It is the understanding and direction of the Board that the Applicant shall provide this facility with sprinkler coverage, approved by the State Fire Marshals Office, prior to the re-occupancy of this facility.
5. (12-1018-VN)	It is the understanding of the Board that the fire escape system provides a second egress from the fourth floor and that the remaining floors are provided with two approved remote internal egress stairs. Accordingly, the Board directs the Applicant to correct Deficiency 5, at the direction and to the satisfaction of the State Fire Marshals Office, prior to the re-occupancy of the fourth level of this facility.
6. (12-1019-VN)	The Board hereby grants a variance in order to allow the Applicant to maintain the current configuration, existing conditions, and existing cited door dimensions of the fire escape access points on the third and fourth levels of this facility. This dimensional variance is contingent upon the Applicants agreement to provide this facility with approved fire alarm and sprinkler coverage as outlined herein.  
7. (12-1029-VN)	It is the understanding and direction of the Board that the Applicant shall correct Deficiency 7, by repairing and properly maintaining the cited emergency lighting, at the direction and to the satisfaction of the State Fire Marshals Office, prior to the re-occupancy of this facility.  	
8. (12-1030-VN)	It is the understanding and direction of the Board that the Applicant shall correct Deficiency 8, by repairing and properly maintaining the cited exit signage, at the direction and to the satisfaction of the State Fire Marshals Office, prior to the re-occupancy of this facility.  	
9. (12-1031-VN)	The Board hereby grants a variance in order to allow the Applicant to maintain the cited current remoteness of the exits on the fourth level of this facility. This dimensional variance is contingent upon the Applicants agreement to provide this facility with approved fire alarm and sprinkler coverage as outlined herein.  	
10. (12-1032-VN)	It is the understanding and direction of the Board that the Applicant shall correct Deficiency 10, by providing the cited guest room doors with approved self-closing devices, at the direction and to the satisfaction of the State Fire Marshals Office, prior to the re-occupancy of this facility.  	
11. (12-1033-VN)	It is the understanding of  the Board that the Applicant has corrected Deficiency 11 by removing all of the cited non-compliant hold-open devices and that such non-compliant devices shall not be utilized in the future.  
12. (12-1034-VN)	It is the understanding and direction of the Board that the Applicant shall correct Deficiency 12, by providing the cited guest rooms with approved emergency instructions, at the direction and to the satisfaction of the State Fire Marshals Office, prior to the re-occupancy of this facility.  	
13. (12-1035-VN)	The Board notes that the Applicant has agreed to provide this facility with sprinkler coverage. Accordingly, the Board confirms the observation of the State Fire Marshals Office that Deficiency 13 will no longer be a violation of the code because means of escape will no longer be required. 
14. (12-1036-VN)	It is the understanding and direction of the Board that the Applicant shall correct Deficiency 14, by upgrading the fire alarm system in this facility, at the direction and to the satisfaction of the State Fire Marshals Office, prior to the re-occupancy of this facility.  		
15. (12-1038-VN)	It is the understanding and direction of the Board that the Applicant shall correct Deficiency 15, by properly installing and maintaining the required fire extinguishers within this facility, at the direction and to the satisfaction of the State Fire Marshals Office, prior to the re-occupancy of this facility.  	
16. (12-1040-VN)	The Board hereby grants a variance in order to allow the Applicant to maintain the current cited headroom within the basement level of this facility. In granting this relief, the Board notes that the Basement maintains two means of egress, is utilized only for storage, and that no guests are allowed in this area. This dimensional variance is also contingent upon the Applicants agreement to provide this facility with approved fire alarm and sprinkler coverage as outlined herein.  	
17. (12-1013-VN)	It is the understanding and direction of the Board that the Applicant shall correct Deficiency 17, by providing the fire alarm circuit breaker with proper marking  and the required circuit breaker lock, at the direction and to the satisfaction of the State Fire Marshals Office, prior to the re-occupancy of this facility.  	
18. (Open File)	The Board hereby leaves this file open to answer any questions that may arise and to further allow the parties to return with a mutually acceptable alternative plan of action for the fire safety of this facility after the State Fire Marshals Office has had an opportunity to conduct an analysis of the fire protection within this facility.