As outlined in Board Decision 120072, the above-captioned facility was originally reviewed by a Subcommittee of the Board during a hearing day on Block Island which took place on October 15, 2008. At that time the Subcommittee recommended that the Owner of the facility be granted a time variance, until the seasonal re-opening of the facility scheduled for May of 2009, to bring the building into compliance with a July 6, 2006 inspection report issued by the State Fire Marshals Office. The Subcommittee recommendations were thereupon submitted to, and approved by, the Board and the Boards Decision, covering file nos. 050536 and 060787, was mailed to the Owner on March 10, 2009. It is the understanding of the Board that the Owner never re-opened the facility in May of 2009 and that the facility remains closed to the public.    
The above-captioned case was then scheduled for hearing on June 12, 2012 at 1:00 P.M. At that time, Chairman Newbrook, and Commissioners Blackburn, Burlingame, Sylvester, Jasparro, Walker and Pearson were present.  Vice Chairperson Filippi again recused herself from hearing this Block Island case. The fire service was represented by Chief Deputy Fire Marshal James Gumbley, Chief of Inspections Scott Caron and Deputy State Fire Marshal Eric Kiernan of the State Fire Marshals Office. Block Island Fire Chief Tristan Payne did not appear but advised the Board, by correspondence dated May 3, 2012, that he opposed the subject facility from opening at that time. The Chief Deputy State Fire Marshal further noted the opposition of the State Fire Marshal. 
An initial motion was made by Commissioner Sylvester and seconded by Commissioner Pearson to deny the Applicant relief as outlined herein.  The motion passed over the opposition votes of Chairman Newbrook and Commissioner Blackburn who noted that the original July 6, 2006 inspection report, issued by the State Fire Marshals Office, did not list the absence of a sprinkler system or the existing fire alarm system as being deficiencies. 
As second motion was made by Commissioner Jasparro and seconded by Commissioner Pearson to grant the Applicant the structural relief outlined in file number 120072. The motion further directed that the file remain open to allow the Applicant and the State Fire Marshal to return if they had further questions or developed a mutually acceptable alternative plan of action for this facility. This motion was passed unanimously by the members present.
The Applicant and the State Fire Marshals Office subsequently advised the Board that a mutually acceptable alternative plan of action had been developed for the reopening of a restaurant on the first floor of the facility. The Board was further advised that the Applicant wished to present an additional plan of action for the limited use of seven (7) compliant guest rooms in this facility. The matter was thereupon set down for hearing on June 26, 2012 at 1:00 PM. 
At that time, Chairman Newbrook and Commissioners Burlingame, Sylvester, Jackson, Jasparro, Walker, Pearson and Dias were present. Vice Chairperson Filippi again recused herself from consideration of this case. The fire service was represented by Chief Deputy Fire Marshal James Gumbley, Chief Plan Review Officer Wade Palazini and Deputy State Fire Marshal Eric Kiernan of the State Fire Marshals Office. By letter dated June 25, 2012, Chief Tristan Payne, of the Block Island Volunteer Fire Department, re-affirmed his position that he opposed the opening of any part of the facility in the absence the installation of a full sprinkler system. A motion was made by Commissioner Dias and seconded by Commissioner Jasparro to grant the Applicant the relief outlined herein, the motion passed over the opposition vote of Commissioner Burlingame.      

FINDINGS OF FACT
The Board hereby incorporates it findings of fact in its attached previous Decision in File No. 120073 as its initial findings of fact in this case. The Board further finds that the Applicant has developed a comprehensive plan of safety for utilizing the first level of this facility as a limited place of assembly and for utilizing seven (7) of the rooms on the second floor for limited hotel occupancy. (Attachment A).
 It is the understanding of the Board that the State Fire Marshals Office has no objection to the planned use of the first floor as limited assembly occupancy provided this individual area is brought into full compliance prior to occupancy. It is the further understanding of the Board that the State Fire Marshals Office is on record as opposing the proposed limited hotel occupancy of the second floor. 
It is the further understanding of the Board that the Block Island Fire Chief has objected to any use of the building until a full sprinkler system is installed. However, the Board further finds that a stand-alone ground floor assembly occupancy, of less than one hundred fifty (150) patrons, is not required to be sprinkled. Additionally, the Board finds that a stand-alone existing hotel occupancy, without sleeping above the third floor, would likewise not be required to be sprinkled. 
The Board further finds that the Applicant shall bring the proposed first floor assembly occupancy into compliance with the fire code, at the direction and to the satisfaction of the State Fire Marshals Office, as outlined herein, prior to re-occupancy. The Board further finds that the Applicant shall bring the seven (7) individual cited hotel rooms on the second floor into compliance with the fire code, at the direction and to the satisfaction of the State Fire Marshals Office, as outlined herein, prior to re-occupancy. Further, the Board finds that the Applicant shall provide this facility with a full NFPA 13R sprinkler system and fully updated fire alarm system by August 12, 2012 unless this date is extended by the State Fire Marshals Office in light of good faith compliance efforts. Finally, the Board notes the Applicants agreement to provide the facility with a nightly roving fire watch until the remaining sprinkler and fire alarm issues have been fully resolved and the State Fire Marshals Office has determined that the subject facility is in full compliance with the fire code.
	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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby directs the Applicant to continue to address the remaining deficiencies within this facility, as outlined in its Decision in file number 120073, consistently with the directives outlined below. Any conflict between the mandates of original Decision (120073) and those of the Decision herein (120073A) shall be resolved by compliance with the mandates of the Decision herein (120073A). 
2.	The Board hereby grants the Applicant a variance in order to allow her to re-open the Surf Hotels first floor restaurant and lounge/deck beverage services, in accordance with the scope and scale outlined on the first floor diagram, identified by Tab 4, in the Applicants June 26, 2012 plan of action with the additional safeguards outlined herein. (Attachment A, Tab 4). In granting this relief, the Board directs the Applicant to comply with the following conditions:
a)	Completion of full installation of the hood/fire suppression system per engineered design approved by the RI Fire Marshals Office and written certification by a RI licensed electrician that the system is operational as designed. 

b)	Connection of the hood/fire suppression system to the fire alarm panel and written certification by a RI licensed electrician that the hood/fire suppression system properly interfaces with the alarm panel as designed. 
c)	Completion of the installation of the standpipes requested by the Block Island Fire Department per the design partially approved by the RI Fire Marshals Office. 

d)	Installation of basement loop with three detector heads that are connected to the fire alarm panel and written certification by a RI licensed electrician that the basement loop properly interfaces with the fire alarm panel as designed. 

e)	Completion of the full installation of strobe lights required by the partially  approved design by the RI Fire Marshals Office, connection of the strobe lights to the fire alarm panel and written certification by a RI licensed electrician that all strobe lights properly interface with the fire alarm panel as designed. 

f)	Complete inspection and approval by the RI Fire Marshals Office that verifies that all installations and improvements have been performed in accordance with the partially approved design by the RI Fire marshals Office. 

g) 	Completion of the NFPA 13R sprinkler system and all required upgrades to the fire alarm system, throughout the remainder of this facility, at the direction and to the satisfaction of the State Fire Marshals Office, on or before August 12, 2012 unless that date is extended by the State Fire Marshals Office for good faith efforts being demonstrated by the Applicant.  

h)	The Applicant shall maintain staff, trained by the State Fire Marshals Office, to conduct a fire watch throughout the day and evening until the building is fully approved by the State Fire Marshals Office. In addition, the Applicant shall further maintain a roving night fire watch from 11 PM through 7 AM until the building is fully approved by the State Fire Marshal. The temporary position of the roving night watchperson shall initially be offered to the members of the Block Island Fire Department. In the event that the members of the Fire Department are either unwilling or unable to perform these duties, the position shall be offered to a person acceptable to the State Fire Marshals Office.  

g)	Finally, no smoking or open flame shall be allowed in this building or on its decks. 

3.	The Board hereby grants the Applicant a variance in order to allow her to re-open the Surf Hotel room numbers 9, 10, 11, 12, 15, 16 and 17, in accordance with the scope and scale outlined on the second floor hotel room diagram, identified by Tab 5, in the Applicants June 26, 2012 plan of action with the additional safeguards outlined herein. (Attachment A, Tab 5). In granting this relief, the Board directs the Applicant to comply with the conditions outlined in item 2 above. In addition, the Board directs that before opening the above rooms, a RI licensed electrician shall certify that the building-wide heat detection of the existing fire alarm system is fully operational and that, if any of the heat detectors are activated, the occupied room notification would be triggered in accordance with the Codes audio standards at the pillow level. 
The Board further directs that the heat detection be extended to the basement level, with the installation of at least three detector heads, at the direction and to the satisfaction of the State Fire Marshals Office. Further, the Board directs that the all unoccupied rooms shall be locked. Finally, the Board notes that the parties may return for approval to occupy additional rooms provided that the fire protection in the individual rooms, and that portion of the egress system servicing them, is in compliance with the code as determined and approved by the State 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)].