The above-captioned case was scheduled for hearing on November 13, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, 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 Chief of Inspections Scott Caron and Deputy State Fire Marshal Michael Macaruso of the State Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 2, 2012 inspection report (12-571-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 November 13, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the October 2, 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 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.  (12-838-VN).  The Board hereby grants the Applicant a time variance to correct deficiency 1 at the direction and to the satisfaction of the State Fire Marshals Office prior to re-occupancy of this facility on May 1, 2013. 
	2.  (12-836-VN).  It is the understanding of the Board that item 2 is moot and that the facility maintains a municipally connected fire alarm system.
	3.  (12-840-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the door to the fourth floor attic space with an approximate headroom clearance of seventy-two (72) inches and to further allow the front interior stairway to maintain a limited headroom of approximately seventy (70) inches in certain areas.  In granting this relief, the Board directs the Applicant to provide any marking of these areas deemed necessary by the State Fire Marshals Office.
	4.  (12-984-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the front exit stairwell measurement of approximately twenty-eight (28) inches at the first floor landing area.  This variance is also based upon structural hardship.
	5-6.  (12-1189-VN and 12-985-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 5 and 6.
	7.  (12-983-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the cited twenty-three (23) inch wide doorway leading to the attic area.  This variance is based upon structural hardship and limited occupancy.
	8.  (12-1114-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the cited seventy (70) inch headroom on the first floor level of the front exit stairwell.  This variance is based upon structural hardship.  As a condition of this relief, the Board notes that the Applicant shall provide any additional markings deemed necessary by the State Fire Marshals Office.
	9.  (12-1187-VN).  The Board hereby grants the Applicant a time variance in order to correct deficiency 9 at the direction and to the satisfaction of the State Fire Marshals Office prior to re-occupancy of this facility on May 1 of 2013.
	10.  (12-1186-VN).  The Board hereby grants the Applicant a time variance in order to correct deficiency 10 at the direction and to the satisfaction of the State Fire Marshals Office prior to re-occupancy of this facility on May 1 of 2013.
	11.  (12-1113-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the cited height and width of the door to the storage room on the fourth level of this facility.  This variance is based upon structural hardship.
	12.  (12-968-VN).  The Board hereby grants the Applicant a time variance in order to correct deficiency 12 at the direction and to the satisfaction of the State Fire Marshals Office prior to re-occupancy of this facility on May 1, 2013.
	13.  As outlined above, the Board hereby reaffirms the prior bed and breakfast variances granted to 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)].