The above-captioned case was scheduled for hearing on April 19, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Jackson, Jasparro, Walker, Filippi and Dias were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Filippi and Dias.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a January 26 2011 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the April 19, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the January 26, 2011 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-4.  The Board hereby directs the Applicant to correct deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the State Fire Marshals Office within a timetable established by that Office.
	5.  (10-2922-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited headroom in the basement at seventy-five inches in one section only.  In granting this relief, it is the understanding of the Board that the State Fire Marshals Office has no objection.
	6.  The Board hereby directs the Applicant to correct deficiency 6 at the direction and to the satisfaction of the State Fire Marshals Office within a timetable established by that Office.
	7.  As part of the plan of action to reduce the hazard in this building, the Board hereby grants the Applicant a variance in order to provide a two-hour envelope around the dining and lounge area of this facility, thereby providing approved separation between these areas and the remaining assembly occupancies, in order not to provide this facility with approved sprinkler coverage of the assembly areas.  Accordingly, upon completion of the planned separation of the assembly occupancies, the Applicant shall no longer be required to sprinkle the assembly areas of this facility.
	8-11.  The Board hereby directs the Applicant to correct deficiencies 8, 9, 10 and 11 at the direction, to the satisfaction and within a timetable established by the State Fire Marshals Office.
	12.  (10-3092-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing height of the metal guards located on the deck by the pool to remain at thirty-four (34) inches.  This variance for limited relief is based upon seasonal occupancy and structural hardship.
	13-16.  The Board hereby directs the Applicant to correct deficiencies 13, 14, 15 and 16 at the direction, to the satisfaction and within a timetable established by the State Fire Marshals Office.
	17.  The Board hereby grants the Applicant a time variance through the end of May of 2011 in which to develop a plan of action establishing phases for the correction of the fire alarm system and components within this facility.  The Board hereby directs the Applicant to have this plan of action approved by the State Fire Marshals Office.  Finally, the Board grants the Applicant a time variance through May of 2013 in order to implement the above plan of action in phases, approved by the State Fire Marshals Office.
	Pursuant to the request of the Applicant, the Board further grants the Applicant relief to remove the smoke detection devices during the off season when the Applicants rooms are not occupied and the power to these areas is shut down.  The Board notes, however, as a condition of this relief, that the fire alarm system shall remain operational during all periods of time, at the direction and to the satisfaction of the State Fire Marshals Office.
	18.  The Board hereby directs the Applicant to correct deficiency 18 at the direction, to the satisfaction, and within a timetable established 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)].