The above-captioned case was scheduled for hearing on November 5, 2013 at 1:00 P.M.  At that time, Acting 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 Commissioners Thornton and Booth to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a December 28, 2011 inspection report updated by the Newport Fire Marshals Office on November 1, 2013.  The above updated report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the November 5, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the December 28, 2011 updated 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency 1 by providing the cited storage room (first floor north) with an approved rated door enclosure, at the direction and to the satisfaction of the Newport Fire Marshals Office.  
	2.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency 2 by providing the science lab classroom on the first floor north of this facility with an approved classroom door enclosure, installed at the direction and to the satisfaction of the Newport Fire Marshals Office.  
	3.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency 3 by either changing or repairing the cited first floor classroom doors that do not provide smoke separation from the egress hallway, at the direction and to the satisfaction of the Newport Fire Marshals Office.  
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8.
	9.  The Board hereby grants a variance from the provisions of section 15.2.3.2 and its referenced standards in order to allow the Applicant to maintain the existing cited width of the exit access corridors located on the second floor north, second floor south and the first floor north.  In granting this relief, the Board notes that it had been previously granted with regard to the second floor corridors, and that the first floor corridor north is hereby granted based on limited occupancy and the absence of an objection by the Newport Fire Marshals Office.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10.
	11.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency 11 by providing proper hardware on the smoke barrier door at the north end of the Mason House structure, as cited in the deficiency.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 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)].