The above-captioned case was scheduled for hearing on March 26, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Walker, Jackson, Sylvester 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 Walker and seconded by Vice Chairperson Filippi and Commissioner Sylvester 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 January 7, 2013 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 26, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the January 7, 2013 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.  During the March 26, 2013 hearing on this matter, the Board was advised and finds that there are multiple unit owners within this complex and that this may complicate the Applicants ability to timely address the deficiencies.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to present the Newport Fire Marshals Office with a plan of action for the correction of deficiency 1.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action.  Accordingly, the Applicants fire alarm panels are to be brought into full service and the trouble condition shall be rectified within the above time frame.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by removing the cited storage.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by extending sprinkler coverage into the center electrical room.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by ensuring that the exit signage and emergency lights are properly maintained and operational.
	5.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 5 by providing the subject facility with all the required, up-to-date, properly mounted fire extinguishers.
	6-9.  It is the understanding of the Board that the Applicant has corrected deficiencies 6, 7, 8 and 9 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 correct deficiency 10 by providing the subject facility with the proper interior finish as cited.
	11-14.  It is the understanding of the Board that the Applicant has corrected deficiencies 11, 12, 13 and 14.
	15.  The Board hereby directs the Applicant to correct deficiency 15 within the time frame outlined in item 1 above.
	16.  The Board hereby directs the Applicant to correct deficiency 16 at the direction and to the satisfaction of the Newport Fire Marshals Office and to have it permanently corrected within the time period outlined in item 1 above.
	17-20.  It is the understanding of the Board that the Applicant has corrected deficiencies 17, 18, 19 and 20.

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)].