The above-captioned case was scheduled for hearing on March 12, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Walker, Sylvester and Blackburn 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 Blackburn 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 a November 5, 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 March 12, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the November 5, 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 and for the installation of a house meter for the fire alarm system within this facility.  The Board 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 by installing the house meter and by providing this facility with an approved fire alarm system.  Finally, the Board hereby grants the Newport Fire Marshals Office the authority to 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 providing this facility with approved hard wired or wireless smoke and carbon monoxide detection installed 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 which to provide this facility with approved emergency lighting installed at the direction and to the satisfaction of the Newport Fire Marshals Office.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by providing this facility with approved exit signage installed at the direction and to the satisfaction of the Newport Fire Marshals Office.
	5-6.  It is the understanding of the Board that the building complies with the requirements of items 5 and 6.
	7.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 7 by providing the egress system of this facility with the approved Class A finishes required by the Newport Fire Marshals Office.  
	8.  It is the understanding of the Board that item 8 has been corrected.
	9.  It is the understanding of the Board that item 9 is not applicable.
	10.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 10 by either replacing the existing egress system doors of this facility in accordance with the code and at the direction and to the satisfaction of the Newport Fire Marshals Office or providing the existing egress system doors with approved fire rated materials, installed at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board further notes that the above doors shall be provided with approved closers at the direction and to the satisfaction of the Newport Fire Marshals Office within the above time frames.
	11-12.  It is the understanding of the Board that deficiencies 11 and 12 are not violations.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by either providing the cited furnace with an approved enclosure or domestically supplied sprinkler heads installed at the direction and to the satisfaction of the Newport Fire Marshals Office within the timetables established in item 1 above.
	14.  The Board hereby directs the Applicant to correct deficiency 14 by providing and annually testing portable fire extinguishers throughout this facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	15.  It is the understanding of the Board that item 15 is not applicable.
	16.  The Board notes that the time table in item 1 above is applicable to item 16 as well.

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)].