The above-captioned case was scheduled for hearing on June 11, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Booth, Thornton, Jackson, Sylvester, Burlingame and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Thornton 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 an April 11, 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 June 11, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the April 11, 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 June 11, 2013 hearing on this matter, the parties advised the Board that the Applicant sought a variance from the provisions of section 37.3.2.1.1 and its referenced standards, in order not to be required to provide the garage and furnace room area with either approved separation or sprinkler coverage.  The requested relief was based upon the fact that the Applicant has provided this facility with an approved fire alarm system which he has properly maintained and shall continue to maintain, although it is not required by the code at this time.  The above fire alarm system has approved heat detection in the above areas and the Newport Fire Marshals Office has no objection in allowing the Applicant to maintain the fire alarm as a required system as a condition of the above variance.  Accordingly, the Board hereby grants a variance from the provisions of section 37.3.2.1.1 in order to allow the Applicant to maintain fire alarm heat detection in the garage and furnace areas and not to be required to separate these areas or provide sprinkler coverage in these areas.  As a condition of this variance, the fire alarm system of this facility shall be deemed to be a required system and shall be properly maintained by the Applicant.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 2 by providing the mercantile units with approved fire extinguishers installed at the direction and to the satisfaction of the Newport Fire Marshals Office.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 3 by providing approved 110 volt smoke and CO detection within the mercantile units, 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)].