The above-captioned cases were scheduled for hearing on June 28, 2011 at 1:00 P.M. At that time, Acting Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jasparro, Jackson, Sylvester and Burlingame were present. The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  An initial motion to grant a time variance, of sixty (60) days to separately address the issues raised within the inspection report covering 5 Everett Street in Newport, was made by Commissioner Jackson and seconded by Commissioner Pearson. This motion was approved by unanimous vote.  
A second motion, to grant the Applicant a time variance to address the fire alarm, sprinkler system and interior finish issues, was made by Commissioner Pearson and seconded by Commissioner Sylvester. This motion was also approved by unanimous vote. A third motion to accept the parties plan of action for compliance, as outlined herein, was made by Commissioner Dias and seconded by Commissioner Walker. The third motion was also approved unanimously. 
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of the following inspection reports covering the above-captioned facilities: 81 Bristol Ferry Road, Portsmouth (SFM  304-9), 14 Champlin Terrace, Middletown (SFM  302-18), 45 Trout Drive, Middletown (SFM  302-19), 470 East Main Road, Middletown (SFM  302-20),12 Jean Terrace, Middletown (SFM  302-22), 120 Girard Avenue, Newport (SFM  303-22), 5 Everett Street, Newport  (SFM  303-29), 2 Katzman Place, Newport (SFM  303-30), and 512 Broadway, Newport (SFM  303-82). The above reports were all compiled by the State Fire Marshals Office. The above reports were further  utilized by the Board, the Applicant and the State Fire Marshals Office during the June 28, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the above reports 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS


I.	81 Bristol Ferry Road, Portsmouth	 	
1. (10-732-VN)	The Board hereby grants the Applicant a time variance of sixty (60) days, from the date of this Decision, to submit and secure the State Fire Marshals approval of, a plan of action for the installation of an approved sprinkler and fire alarm system throughout this facility. The Board further grants the Applicant a time variance of an additional one hundred fifty (150) days to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office. Finally, the Board hereby authorizes the State Fire Marshals Office to extend the above time lines by an additional thirty (30) days in the event that the Applicant is making a good faith effort to complete this project.  
2.  (10-733-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 2 at the direction and to the satisfaction of the State Fire Marshals Office.  
3.  (10-734-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 3 at the direction and to the satisfaction of the State Fire Marshals Office.  
4.  (10-735-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 4 at the direction and to the satisfaction of the State Fire Marshals Office.  
5.  (10-736-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant not to provide the cited doors with closures. 
6.  (10-737-VN)	Based upon the installation of the fire alarm and sprinkler systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the existing cited width of the cited stairway. 
7.  (10-738-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the existing dimension of the cited rescue windows. 
8.  (10-739-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 8 at the direction and to the satisfaction of the State Fire Marshals Office.  
9.  (10-740-VN)	The Board hereby grants the Applicant a time variance, until October 28, 2011, to correct Deficiency 9, by either relocating the cited furnace or properly separating the furnace or providing the furnace area with an approved sprinkler head,  at the direction and to the satisfaction of the State Fire Marshals Office.  
	
II.	14 Champlin Terrace, Middletown  	
1.  (10-1003-VN)	The Board hereby grants the Applicant a time variance of sixty (60) days, from the date of this Decision, to submit and secure the State Fire Marshals approval of, a plan of action for the installation of an approved sprinkler and fire alarm system throughout this facility. The Board further grants the Applicant a time variance of an additional one hundred fifty (150) days to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office. Finally, the Board hereby authorizes the State Fire Marshals Office to extend the above time lines by an additional thirty (30) days in the event that the Applicant is making a good faith effort to complete this project.  
2.  (10-1004-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 2 at the direction and to the satisfaction of the State Fire Marshals Office.  
3.  (10-1005-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 3 at the direction and to the satisfaction of the State Fire Marshals Office.  
4.  (10-1006-VN) 	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 4 at the direction and to the satisfaction of the State Fire Marshals Office.  
5.  (10-1007-VN)	 Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the existing dimension of the cited rescue windows. 
6.  (10-1009-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the cited winding stairs within this facility. 
7.  (10-1010-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 7 at the direction and to the satisfaction of the State Fire Marshals Office.  
8.  (10-1011-VN)	The Board hereby grants the Applicant a time variance, until October 28, 2011, to correct Deficiency 8, by addressing the cited transfer grills and louvers, at the direction and to the satisfaction of the State Fire Marshals Office.  
9.  (10-1014-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant not to provide the cited doors with closures. 
10. ((10-1015-VN)	The Board hereby grants the Applicant a time variance, until October 28, 2011, to correct Deficiency 10, by either relocating the cited furnace or properly separating the furnace or providing the furnace area with an approved sprinkler head,  at the direction and to the satisfaction of the State Fire Marshals Office.  
III. 	45 Trout Drive, Middletown 		
1.  (10-919-VN)	The Board hereby grants the Applicant a time variance of sixty (60) days, from the date of this Decision, to submit and secure the State Fire Marshals approval of, a plan of action for the installation of an approved sprinkler and fire alarm system throughout this facility. The Board further grants the Applicant a time variance of an additional one hundred fifty (150) days to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office. Finally, the Board hereby authorizes the State Fire Marshals Office to extend the above time lines by an additional thirty (30) days in the event that the Applicant is making a good faith effort to complete this project.  
2.  (10-920-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 2 at the direction and to the satisfaction of the State Fire Marshals Office.  
3.  (10-921-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 3 at the direction and to the satisfaction of the State Fire Marshals Office.  
4.  (10-922-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 4 at the direction and to the satisfaction of the State Fire Marshals Office.  
5.  (10-923-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the existing dimension of the cited rescue windows. 
6.  (10-924-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant not to provide the cited doors with closures. 
7.  (10-926-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the cited doors. 
IV.	470 East Main Road, Middletown 		
1.  (10-980-VN)	The Board hereby grants the Applicant a time variance of sixty (60) days, from the date of this Decision, to submit and secure the State Fire Marshals approval of, a plan of action for the installation of an approved sprinkler and fire alarm system throughout this facility. The Board further grants the Applicant a time variance of an additional one hundred fifty (150) days to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office. Finally, the Board hereby authorizes the State Fire Marshals Office to extend the above time lines by an additional thirty (30) days in the event that the Applicant is making a good faith effort to complete this project.  
2.  (10-981-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 2 at the direction and to the satisfaction of the State Fire Marshals Office.  
3.  (10-983-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 3 at the direction and to the satisfaction of the State Fire Marshals Office.  
4.  (10-984-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant not to provide the cited doors with closures. 
5.  (10-985-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the cited doors. 
6.  (10-986-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the cited winding stairs within this facility. 
7.  (10-987-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the existing dimensions of the cited stairs within this facility. 

8.  (10-988-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the existing dimension of the cited rescue windows. 
V.	12 Jean Terrace, Middletown		
1.  (10-972-VN)	The Board hereby grants the Applicant a time variance of sixty (60) days, from the date of this Decision, to submit and secure the State Fire Marshals approval of, a plan of action for the installation of an approved sprinkler and fire alarm system throughout this facility. The Board further grants the Applicant a time variance of an additional one hundred fifty (150) days to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office. Finally, the Board hereby authorizes the State Fire Marshals Office to extend the above time lines by an additional thirty (30) days in the event that the Applicant is making a good faith effort to complete this project.  
2.  (10-973-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 2 at the direction and to the satisfaction of the State Fire Marshals Office.  
3.  (10-974-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 3 at the direction and to the satisfaction of the State Fire Marshals Office.  
4.  (10-975-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 4 at the direction and to the satisfaction of the State Fire Marshals Office.  
5.  (10-976-VN)	 Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the existing dimension of the cited rescue windows. 
6.  (10-977-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant not to provide the cited doors with closures. 
7.  (10-978-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the cited doors.
VI.	120 Girard Avenue, Newport		
1.  (10-931-VN)	The Board hereby grants the Applicant a time variance of sixty (60) days, from the date of this Decision, to submit and secure the State Fire Marshals approval of, a plan of action for the installation of an approved sprinkler and fire alarm system throughout this facility. The Board further grants the Applicant a time variance of an additional one hundred fifty (150) days to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office. Finally, the Board hereby authorizes the State Fire Marshals Office to extend the above time lines by an additional thirty (30) days in the event that the Applicant is making a good faith effort to complete this project.  
2.  (10-932-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 2 at the direction and to the satisfaction of the State Fire Marshals Office.  
3.  (10-933-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 3 at the direction and to the satisfaction of the State Fire Marshals Office.  
4.  (10-934-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 4 at the direction and to the satisfaction of the State Fire Marshals Office.  
5.  (10-935-VN)	Based upon the limited use of the basement and the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the cited basement headroom. This variance is further granted on the basis of structural hardship. 
6.  (10-936-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant not to provide the cited doors with closures. 
7.  (10-937-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the cited winding stairs within this facility. 
VII.	5 Everett Street, Newport			
1.  (10-836 through 10-844)	The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this Decision to allow the parties to separately address the issues contained in State Fire Marshals Inspection Report  303-29. In granting this time variance, the Board notes that the Owner is in the process of selling this property and that the deficiencies outlined in the above report may eventually be Moot. In granting this relief, it is the understanding of the Board that the State Fire Marshals Office has no objection. Finally, the Board hereby grants the State Fire Marshals Office the authority to extend the above time line for good faith efforts being shown by the Applicant.
VIII.	2 Katzman Place, Newport			
1.  (10-826-VN)	The Board hereby grants the Applicant a time variance of sixty (60) days, from the date of this Decision, to submit and secure the State Fire Marshals approval of, a plan of action for the installation of an approved sprinkler and fire alarm system throughout this facility. The Board further grants the Applicant a time variance of an additional one hundred fifty (150) days to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office. Finally, the Board hereby authorizes the State Fire Marshals Office to extend the above time lines by an additional thirty (30) days in the event that the Applicant is making a good faith effort to complete this project.  
2.  (10-827-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 2 at the direction and to the satisfaction of the State Fire Marshals Office.  
3.  (10-828-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 3 at the direction and to the satisfaction of the State Fire Marshals Office.  
4.  (10-829-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 4 at the direction and to the satisfaction of the State Fire Marshals Office.  
5.  (10-830-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the cited doors.
6.  (10-831-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the existing dimension of the cited rescue windows. 
7.  (10-832-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant not to provide the cited doors with closures. 
8.  (10-833-VN)	The Board hereby grants a variance to allow the Applicant to maintain the cited hallway headroom. This variance is granted on the basis of structural hardship. 
IX.	512 Broadway, Newport			
1.  (10-815-VN)	The Board hereby grants the Applicant a time variance of sixty (60) days, from the date of this Decision, to submit and secure the State Fire Marshals approval of, a plan of action for the installation of an approved sprinkler and fire alarm system throughout this facility. The Board further grants the Applicant a time variance of an additional one hundred fifty (150) days to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office. Finally, the Board hereby authorizes the State Fire Marshals Office to extend the above time lines by an additional thirty (30) days in the event that the Applicant is making a good faith effort to complete this project.  
2.  (10-817-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 2 at the direction and to the satisfaction of the State Fire Marshals Office.  
3.  (10-818-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 3 at the direction and to the satisfaction of the State Fire Marshals Office.  
4.  (10-819-VN)	The Board hereby grants the Applicant the same time variance, outlined in Item 1 above, to correct Deficiency 4 at the direction and to the satisfaction of the State Fire Marshals Office.  
5.  (10-820-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant not to provide the cited doors with closures. 
6.  (10-821-VN)	Based upon the installation of the sprinkler and fire alarm systems outlined in Item 1 above, the Board hereby grants a variance to allow the Applicant to maintain the cited winding stairs within this facility. 
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)].