As indicated in the file, a hearing involving the above-captioned property was conducted on February 3, 2015 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Filippi, Richard and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.
APPLICANT: Brenda Hilgers, Amy Kingston, John McDonough and Ken McKenzie.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Brenda Hilgers (representative) of Mass. Mutual Life Insurance Co., dba Newport Marriott, 180 Glastonbury Boulevard - Suite 200, Glastonbury, CT  06033 dated January 14, 2015.
3.	The Application was received by the Board and File  150007 opened on January 15, 2015.
4.	A hearing on the Application was conducted on February 3, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Richard and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150007 and are pertinent to the decision rendered:

1.	Variance Application  150007 dated January 14, 2015 and filed on January 16, 2015.
2.	Newport Fire Marshals Office email dated January 15, 2015.
3.	Letter of authorization for Brenda Hilgers from Cornerstone Real Estate Advisers, LLC dated January 14, 2015.
4.	Email from ADSFM Wayne Clark of the Newport Fire Marshals Office to the Board dated January 23, 2015.

EXHIBITS

The following documents were presented at the February 3, 2015 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the January 22, 2015 request for variance report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the February 3, 2015 hearing on this matter.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
2.	The building is an existing 6-story hotel occupancy.
3.	There is no objection by the Newport Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of NFPA 72 (2010 edition) section 23.4.2.2 by allowing the continued use of the existing metal fire alarm raceway in the mechanical/fire pump rooms.
2.	The Board hereby grants the Applicant a variance from the provisions of NFPA 72 (2010 edition) section 23.4.2.2 by allowing the continued use of existing metal fire alarm raceways in the hard ceiling areas where smoke detection is provided.
3.	The Board hereby grants the Applicant a variance from the provisions of NFPA 72 (2010 edition) section 23.4.2.2 by allowing the continued use of existing metal fire alarm raceways in the areas where manual fire alarm boxes are provided.
4.	The Board hereby grants the Applicant a variance from the provisions of NFPA 72 (2010 edition) section 23.4.2.2 by allowing the continued use of existing metal fire alarm raceways in the electric room terminal box.
5.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 9.6.9.8(3) by allowing the continued use of existing yellow & orange strobe appliance circuit conductors.  In consideration of the relief granted herein, the Board directs the Applicant to mark and/or identify these circuit conductors consistent with the current color code requirements, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
6.	The Board hereby grants the Applicant a variance from the provisions of NFPA 72 (2010 edition) section 17.14.4 by allowing the continued use of existing manual fire alarm boxes with average heights of fifty (50) inches to center.
7.	The Board hereby grants the Applicant a variance from the provisions of NFPA 72 (2010 edition) section 18.5.4.4.5 by allowing the continued use of existing speaker/strobe notification appliances in their current locations.
8.	The Board hereby grants the Applicant a variance from the provisions of NFPA 72 (2010 edition) section 23.4.2.2 by allowing the continued use of existing metal fire alarm raceways for existing speaker/strobe notification appliances.
9.	The Board hereby grants the Applicant a variance from the provisions of NFPA 13 (2010 edition) section 8.9.5.1.4 by allowing wall-mounted fire alarm devices to exceed the maximum allowable obstruction distances to existing sidewall sprinkler heads.


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).

STATUS OF DECISION AND APPEAL RIGHTS

1.	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 6-2-22).
2.	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 6-2-23.)  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 6-2-24).
3.	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 6-2-25).
4.	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.  (See: Board Rules and Regulations, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].