The above-captioned case was scheduled for hearing on August 28, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard 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 Richard and seconded by Commissioner Dias 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 both a May 8, 2012 inspection report compiled by the Newport Fire Marshals Office along with a June 11, 2012 plan of action submitted by counsel for the applicant.  The above report and plan of action were utilized by the Board, the Applicants representative and the Newport Fire Marshals Office during the August 28, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the May 8, 2012 inspection report and the June 11, 2012 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board has been advised and finds that the Applicant shall no longer utilize the second floor of this facility as a residence, but rather utilize it as an incidental storage and changing area for the assembly occupancy below.  Accordingly, the Board hereby grants the Applicant a variance in order to provide this facility with an approved local fire alarm system.  The Board further grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the installation of a local fire alarm system.  The Board further grants the Applicant an additional 150 days to implement the above plan of action at the direction and to the satisfaction of the Newport Fire Marshals Office.  Finally, the Board notes that the Newport Fire Marshals Office may extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.  
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 2 by rendering the cited combustible walls and furnishings flame resistant, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3 by providing this facility with the required emergency lighting.
	4.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to properly install the cited fire extinguishers within this facility.  The Board notes that the Newport Fire Marshals Office may extend this time for good faith efforts being shown by the Applicant.
	5.  It is the understanding of the Board that with the elimination of a residential occupancy in this facility, item 5 is moot.
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 by either installing a domestically supplied sprinkler head over the furnace of this facility or providing the furnace area with an approved one-hour rating, 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)].