The above-captioned case was scheduled for hearing on February 12, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jackson, Burlingame 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 Dias and seconded by Vice Chairperson Filippi 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 a July 10, 2012 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the February 12, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the July 10, 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.  The Board hereby 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 correction of deficiency 1 to the Newport Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the Newport Fire Marshals Office.  Further, the Newport Fire Marshals Office is hereby granted the authority to extend either or both of the above time lines for good faith efforts being demonstrated by the Applicant.  Finally, the Board hereby grants a variance in order to allow the Applicant not to provide sprinkler coverage over the pool area of this facility.  The Board notes that the Newport Fire Marshals Office has no objection to this relief.
	2.  During the February 12, 2013 hearing on this matter, the Board was advised that while the Applicant had more than sufficient egress from the assembly areas of this facility, the main exit historic doors, set in solid stone, were not in compliance with the provisions of section 13.2.3.6.1.  The Board was further advised that the Newport Fire Marshals Office had no objection to the granting of a variance from the above provisions in light of the ample egress from the assembly areas.  Accordingly, the Board hereby grants a variance from the provisions of section 13.2.3.6.1 in order to allow the Applicant to maintain the existing exit capacity of the main door of this building.  In granting this relief, the Board notes that the Newport Fire Marshals Office has no objection.
	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 an approved fire alarm system.
	4.  The Board hereby 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 correction of deficiency 4 by providing approved smoke and carbon monoxide alarms in all sleeping areas.  The Board notes that the Newport Fire Marshals Office may extend this time for good faith efforts being demonstrated by the Applicant.
	5.  During the February 12, 2013 hearing on this matter, the Board was advised that deficiency 5 related in part to the small office area on the fourth floor of this facility that was serviced by a spiral staircase with no public occupancy.  The Board was further advised that there are only 2-3 employees in this area at any one time and that the area is fully protected by a sprinkler and fire alarm system.  The Board further notes that the Applicant has requested relief for the remaining historic stairs in this facility as they are also protected by full sprinkler and fire alarm coverage.  Accordingly, the Board hereby grants a variance from the provisions of section 29.2.2.3 in order to allow the Applicant to maintain the existing stairs within this facility in conjunction with the above fire protection.
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 by addressing the vertical penetrations within this facility to the satisfaction of the Newport Fire Marshals Office.  The Board notes that while the Applicant is installing the fire protection systems within this facility, he may need to utilize certain vertical penetrations in the process.  However, upon completion of the project, the vertical penetrations, other than the stairways granted relief in item 5 above, shall be addressed by the Applicant.
	7.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 7 by providing the required emergency lighting throughout this facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	8.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 8 by providing this facility with approved exit signage at the direction and to the satisfaction of the Newport Fire Marshals Office.
	9.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to replace the window access to the fire escape system of this facility with an approved door and to further provide the fire escape with compliant guards and rails.  The Board hereby grants the Applicant relief in order to maintain the current tread size of the fire escape.  The above fire escape project shall be at the direction and to the satisfaction of the Newport Fire Marshals Office.
	10.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to fully address deficiency 10 by providing the required separation and/or protection.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by providing this facility with an approved interior finish.
	12.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 12 by providing the cited doors with approved self-closing devices and latching hardware, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	13.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 13 by addressing and correcting the penetrations cited in the exit access corridors within the basement of this facility.

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)].