The above-captioned case was scheduled for hearing on September 23, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jackson, Pearson, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Wayne Clark of the Newport Fire Marshals Office.  During the hearing the Board was advised that there was no sleeping above the third floor of this facility and therefore a sprinkler would not be required.  The Board was further advised that the Applicant would work closely with the Newport Fire Marshal's office in correcting the remaining deficiencies outlined in the July 18, 2005 inspection report.  Accordingly, the Board shall take no action on this file but shall allow it to remain open until such time as the Newport Fire Marshal's office concludes that it may be closed in light of full compliance by the Applicant.  In the event the Newport Fire Marshal and/or the Applicant needs to have any additional issue(s) reviewed by the Board, they may do so under the original file number.