The above-captioned case was scheduled for hearing on March 20, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Newbrook, Preiss, Pearson, Filippi, OConnell and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Christopher Kirwin of the Newport Fire Marshals Office.  A motion was made by Vice Chairman Burlingame and seconded by Commissioners Filippi and OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this facility was originally heard by it and a decision was rendered in file number 030018 on March 8, 2004.  The Board further finds that this facility has been re-inspected by the Newport Fire Marshal's office and that the Newport Fire Marshal's office has issued an inspection report dated January 18, 2007.  Accordingly, the Board hereby incorporates the January 18, 2007 inspection report along with the original March 8, 2004 decision as its initial findings of fact.  In addition, the Board finds that the Applicant is before it requesting reinstatement of the variances granted by the Board in its March 8, 2004 decision, and that the remaining items on the January 18, 2007 inspection report have been resolved to the satisfaction of the Newport Fire Marshal's office.
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the 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 reinstates all of the variances granted in file number 030081 as reflected in the decision of the Board dated March 8, 2004.  Specifically, the original variances covering the items listed in the January 23, 2007 and March 13, 2007 letters from the Applicants representative have been reaffirmed by the Board.  Accordingly, the rating, dimensions and open nature of the historical stairways are allowed to be maintained with the additional fire protection currently installed 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)].