The above-captioned case was scheduled for hearing on September 10, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard 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 Sylvester and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Vice Chairperson Filippi and Commissioners Blackburn, Pearson and Burlingame.

FINDINGS OF FACT
	The Board finds that the subject facility was originally a single family home that had been converted over the years to a multi-family home and as a guest house.  The Board finds that over time, the property has been associated with the next door property as a sub set of several of the guest house businesses that had operated there.  The Board finds that the new operator, the Applicant, intends to update the interior and re-establish the status of this building as a five (5) bedroom inn.  The Board finds that the subject facility would be linked to the property next door and that all of the relief outlined herein would be conditioned upon the Applicant maintaining that link.
	The Board finds that the Applicant is requesting that the property be designated as a bed and breakfast home as defined in section 26.1.1.1 and that the Applicant be granted relief from the common area requirement and the live-in innkeeper requirement by allowing these amenities to be maintained in the adjacent building.  Finally, during the hearing, the Board was advised and finds that the Applicant shall provide this facility with a local fire alarm system and shall further provide smoke and CO detection monitored by a third party, to the satisfaction of the Newport Fire Marshals Office.  Finally, the Board notes that the Newport Fire Marshals Office has no objection to the Applicants request or plan of action.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance in order to allow the Applicant to utilize this facility as a bed and breakfast occupancy as defined in section 26.1.1.1 of the code.  The Board further shall allow the Applicant to maintain the required common area and twenty-four hour innkeeper in the adjacent building.  As a condition of this relief, the Applicant must maintain this relationship between the two properties, in order to maintain the status of 20 Liberty Street as a bed and breakfast home.  The Board further directs the Applicant to provide the subject facility with an approved fire alarm system and third party monitored smoke and CO detection, installed 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)].