The above-captioned case was scheduled for hearing on May 22, 2012 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame and Blackburn were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of an April 24, 2012 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 May 22, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the April 24, 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. 

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.  (12-859-VN).  The Board hereby grants a variance in order to allow the Applicant to correct the cited locking mechanism on the front door at the direction and to the satisfaction of the State Fire Marshals Office.  This would allow the Applicant not to be in full compliance with the code, but in substantial compliance given the historic nature of this facility.  As a condition of this variance, the Board directs the Applicant to maintain the occupancy levels of this facility at 179 people and to ensure that the main door is only locked when the facility is completely empty.
	2.  (12-858-VN).  The Board hereby reaffirms its original variance in file number 050156 in order to allow the front door of this facility to continue to open against the direction of egress travel.  The Board notes that this variance would make it impossible for the Applicant to fully comply with item 1.  Accordingly, the variance has been granted for item 1 above.
	3.  (12-884-VN).  The Board notes that the fire code does not mandate separation of the assembly and hotel occupancies of this facility and confirms that the building may be classified as an unseparated occupancy.  
	4.  (12-860-VN).  The Board hereby directs the Applicant to correct deficiency 4 at the direction and to the satisfaction of the State Fire Marshals Office within thirty (30) days of the date of this decision.  The Board hereby grants the State Fire Marshals Office the ability to extend the above timeline for good faith efforts being shown by the Applicant.
	5.  (12-852-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 5.
	6.  (12-853-VN).  The Board hereby directs the Applicant to correct deficiency 6 by properly locking out the fire alarm circuit breaker at the direction and to the satisfaction of the State Fire Marshals Office within the timelines outlined in item 4 above.
	7-9.  (12-854-VN, 12-855-VN, 12-856-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 7, 8 and 9 at the direction and to the satisfaction of the State Fire Marshals Office.
	10.  (12-857-VN).  The Board hereby reaffirms its original variance in file number 050156 in order to allow the Applicant to maintain the cited dimensions of the center stair of this facility.
	11.  (10-3273-VN).  In light of the permanent reduction of occupancy of this facility to 179 people, the Board notes that the Applicant shall not be required to install a sprinkler system pursuant to its assembly occupancy.
	12.  (10-3269-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 12 at the direction and to the satisfaction of the State Fire Marshals Office.
	13.  (10-3271-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the cited headroom created by the existing center beam of this facility.  Accordingly, this variance is based upon structural hardship.
	14.  (10-3185-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 14.
15.  (10-3267-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 1 by verifying the integrity and stability of the fire escape stairs to the satisfaction of the State Fire Marshals Office.  The Board hereby grants the State Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.

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)].