The above-captioned case was most recently scheduled for hearing on July 24, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Pearson, Walker, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Chief Deputy State Fire Marshal James Gumbley, Chief of Inspections Scott Caron, Chief of Plan Review Wade Palazini and Deputy State Fire Marshal Eric Kiernan of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Pearson, Jackson and Burlingame.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file numbers 120073 and 120073A as its initial findings of fact in this case.  In addition, the Board finds that the Applicant currently is requesting to be allowed an additional nine (9) rooms on the second floor of this facility.  The Board further finds that the second floor sprinkler system has been completed along with the third floor sprinkler system.  The Board further finds that the fourth floor sprinkler coverage should be completed on or before August 14, 2012.  In fact, the Board finds that everything should be completed on or before August 14, 2012, with the exception of hardwired smoke detection and mini horns which shall be completed at the end of the season.  The Board finds that this facility is sufficiently safe with the sprinkler and fire alarm coverage to extend the occupancy an additional nine (9) rooms.  The Board notes the objection of the State Fire Marshals Office.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicants request to maintain an additional nine (9) guest rooms on the second level of this facility, bringing the total of guest rooms to sixteen (16).  In granting this relief, the Board notes that the second and third floor levels of this facility are fully sprinklered and alarmed.  The Board further notes that the remainder of the facility is scheduled to be brought into compliance on or before August 14, 2012, with the exception of mini horns and hard wired smoke detection which shall be installed at the end of the season.  The Board notes the objection of the State Fire Marshals Office.  However, the Board further notes that it has granted similar relief to other hotels on Block Island when the major fire protection systems have been in place.

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)].