The above-captioned case was scheduled for hearing on December 8, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jasparro, Richard, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshals Christopher Moore and Octavio Vieira of the State Fire Marshal's Office and Assistant Deputy State Fire Marshal Thomas Karpovitz of the Middletown Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Richard 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 September 2, 2009 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the State Fire Marshal's Office and the Middletown Fire Marshals Office during the December 8, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the September 2, 2009 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. 
	Specifically, the Board finds that this facility was inspected utilizing the 2003 editions of the RI Uniform Fire Code and the RI Life Safety Code Standards for Existing Assembly and Existing Hotels.  The Board further finds that this is a multi-story facility built on slab foundation which measures approximately 75,787 square feet in total area.  The Board further finds that the facility is divided into two (2) wings (east and west).  The Board further finds that the facility does have a third and fourth floor over certain portions of the building.  The Board finds that there are three (3) stories over the far west wing of the building which is occupied by several small guest rooms and a large guest suite.  The Board further finds that the far east side of the facility has a third and fourth story occupied also by guest rooms.  The Board finds that there are approximately 134 guest rooms and one (1) guest suite.
	The Board further finds that the first floor of the facility houses guest rooms, a lobby/check-in area, a lounge, a function room, a commercial kitchen, a commercial laundry for housekeeping, several vending locations and a furnace/sprinkler room.  The Board further finds that the second floor contains guest rooms, a lobby/mezzanine area and a vending area.  The Board further finds that the third floor is located at both the far east and the west ends of this facility, but does not run the complete length of the building.  The Board further finds that the far right of the third floor contains approximately six (6) guest rooms and one (1) guest suite and at the far left of the third floor the Applicant maintains eighteen (18) guest rooms.  The Board finds that the fourth floor is located only on the far left of the facility and contains two (2) guest rooms.
	The Board finds that egress from each floor of this facility is through several different means.  The Board finds that there is an enclosed stair tower at each of the far ends of the building, and that each of these stairs connects all of the floors and discharge both to the interior and exterior of the building at grade.  The Board further finds that midway on each wing, there are enclosed stairs, front and rear, connecting each floor.  The Board further finds that there is egress from the center section of the building through a main entrance and exit as well as through an open stair connecting the first and second floors.  The Board finds that all enclosed stairs discharge to the first floor of the building as well as to the exterior of the building at grade.
	The Board finds that this facility maintains a municipally connected fire alarm system connected to the Middletown Fire Department via radio box.  The Board further finds that the facility currently maintains an NFPA 13 sprinkler system that was originally dry but is currently flooded an operating as a wet system.  The Board further finds that portable fire extinguishers are located throughout the facility with the last inspection date of August 2008.  Finally, the Board finds that local hard-wired smoke alarms with battery back-up are currently present in the guest rooms.
	The Board finds that the follow-up inspection of this facility has disclosed that several of the original items cited as deficiencies have been corrected by the Applicant.
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 
	1-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, 5 and 6 as outlined on the September 2, 2009 inspection report.
	7.  The Board hereby grants the Applicant a time variance of thirty (30) days from the December 8, 2009 hearing date in which to correct deficiency 7 by properly identifying the sprinkler control valves, drain valves, and test connection, at the direction and to the satisfaction of the State Fire Marshal's office in accordance with the provisions of NFPA 13 sections 6.7.4.1, 6.7.4.2 and 6.7.4.3.  
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8.
	9.  During the December 8, 2009 hearing on this matter, the Board was advised that the Applicant would document the fact that the original dry sprinkler system has now been converted to a full wet system and has been provided with a flow switch added to the fire alarm panel.  Accordingly, the Board directed the Applicant at the hearing to provide the above documentation to the State Fire Marshal's office within thirty (30) days from the December 8, 2009 hearing date.  Upon receipt of the documentation, it is the understanding of the Board that deficiency 9 would be moot as it related to the original independent dry sprinkler systems which had to be separated by an air compressor to maintain system pressure.
	10.  The Board notes that the Applicant's correction of deficiency 9 would also correct deficiency 10 by providing the approved documentation within thirty (30) days of the December 8, 2009 hearing.  Accordingly, upon receipt of the documentation, it is the understanding of the Board that item 10 would also be moot.
	11.  During the December 8, 2009 hearing on this matter, the Board directed the Applicant to correct deficiency 11 within thirty (30) days of the December 8, 2009 hearing, by marking the fire department connection on the exterior of the building with the proper psi rating at the direction and to the satisfaction of the State Fire Marshal's office.  
	12.  During the December 8, 2009 hearing on this matter, the Board was advised that the State Fire Marshal's office believed that the combustible overhang for the drop off and pick up of guests located in the front of the building lacked automatic sprinkler system coverage.  However, the Board was further advised that this is a concrete structure with vinyl covering.  Accordingly, if the Applicant wishes to avoid sprinkler coverage, the Applicant is directed to remove the combustible materials from underneath the concrete canopy, prior to the re-opening of this facility in March of 2010.  The Board further grants the State and/or Middletown Fire Marshal's office the ability to extend this deadline for good faith efforts being shown by the Applicant.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 at the direction and to the satisfaction of the State Fire Marshal's office.
	14-16.  The Board hereby directs the Applicant to correct deficiencies 14, 15 and 16 by providing this facility with approved properly situated manual fire alarm pull boxes, at indicated in deficiencies 14, 15 and 16, prior to the re-opening of this facility in March of 2010.  The above pull boxes shall be installed at the direction and to the satisfaction of the  State Fire Marshal's office.
	17.  During the December 8, 2009 hearing on this matter, the Board directed the Applicant to conduct testing of the mini horns of this facility at the direction and to the satisfaction of the State and Middletown Fire Marshal's offices.  Specifically, the State and Middletown Fire Marshal's offices shall be provided with certification that the mini horns not only properly function, but are located appropriately to provide notification for the rapid evacuation of all occupants of this facility.  In the event that the mini horns fail to be so certified and the parties are unable to agree to a plan of action, the applicant may return to the Board to submit and address a plan of action for the mini horn installation of this facility.
	18.  The Board hereby directs the Applicant to correct deficiency 18 prior to the reopening of this facility to regular seasonal occupancy in March of 2010.  Specifically, the Applicant is directed to provide smoke detection at each floor level, at the direction and to the satisfaction of the State Fire Marshal's office.
	19.  It is the understanding of the Board that the Applicant has corrected deficiency 19 at the direction and to the satisfaction of the State Fire Marshal's office.
	20.  The Board hereby directs the Applicant to correct deficiency 20 by providing approved smoke detection in the area of the fire alarm control panel unit, at the direction and to the satisfaction of the State Fire Marshal's office, before regular seasonal occupancy of this facility in March of 2010. 
	21-22.  It is the understanding of the Board that the Applicant has corrected deficiencies 21 and 22 at the direction and to the satisfaction of the State Fire Marshal's office.
	23.  During the December 8, 2009 hearing on this matter, the Board directed the Applicant to correct deficiency 23 within thirty (30) days of the December 8, 2009 hearing.  Accordingly, the Applicant is directed to provide documentation that the smoke detectors in this facility are being cleaned on a twelve-month basis.
	24-28.  It is the understanding of the Board that the Applicant has corrected deficiencies 24, 25, 26, 27 and 28 at the direction and to the satisfaction of the State Fire Marshal's office.
	29.  During the December 8, 2009 hearing on this matter, the Board directed the applicant to correct deficiency 29 by providing an illuminated exit sign over each of the entrance/exits of the Portobello Room of this facility within thirty (30) days of the December 8, 2009 hearing.  The Board further directs the Applicant to maintain this signage prior to the assembly occupancy of this room.
	30-31.  It is the understanding of the Board that the Applicant has corrected deficiencies 30 and 31 at the direction and to the satisfaction of the State Fire Marshal's office.
	32.  The Board hereby directs the Applicant to correct deficiency 32 by properly repairing and maintaining all of the automatic closing devices on the guest room doors of this facility prior to the regular seasonal re-occupancy of this facility in March of 2010.  The Board hereby authorizes the State Fire Marshal's office to extend the above deadline for good faith efforts being shown by the Applicant.
	33.  The Board hereby directs the Applicant to correct deficiency 33 by repairing and maintaining all doors leading into the exit enclosures and by providing approved self-latching of these doors, within the time frames established in item 32 above, at the direction and to the satisfaction of the State Fire Marshal's office.
	34-38.  It is the understanding of the Board that the Applicant has corrected deficiencies 34, 35, 36, 37 and 38 at the direction and to the satisfaction of the State Fire Marshal's office.  In the event any of these deficiencies are not so corrected, they should be immediately corrected by the Applicant.
	39.  The Board hereby grants the Applicant a time variance of thirty (30) days from the December 8, 2009 hearing, in which to submit a plan of action for the correction of deficiency 39 by either sprinklering the cited laundry chute or sealing it off, at the direction and to the satisfaction of the State and Middletown Fire Marshal's office.  The Board hereby authorizes the State and Middletown Fire Marshal's offices to provide the Applicant with a reasonable period of time in which to implement the above plan of action for the correction of this deficiency.
	40.  It is the understanding of the Board that the Applicant has corrected deficiency 40 at the direction and to the satisfaction of the State Fire Marshal's 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)].