The above-captioned case was scheduled for hearing on November 24, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Walker, Blackburn, Richard, Preiss, Dias and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshals Wayne Clark and Raymond Gomes of the Newport Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Walker 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 January 11, 2007 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the November 24, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the January 11, 2007 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to present plans to the Newport Fire Marshal's office for the installation of a fire alarm system within this facility and an additional 120 days to implement the above plans, at the direction and to the satisfaction of the Newport Fire Marshal's office.  The Board further grants the Newport Fire Marshal's office the ability to extend either or both of the above deadlines for good faith efforts being demonstrated by the Applicant.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to provide this facility with approved smoke and carbon monoxide detectors as outlined in item 2 of the report.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3 by providing this facility with approved emergency lighting.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by providing this facility with approved exit signage.
	5.  The Board hereby directs the Applicant to correct deficiency 5 in accordance with a plan of action acceptable to the Newport Fire Marshal's office within the timelines outlined in item 1 above.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 to the satisfaction of the Newport Fire Marshal's office.
	7.  The Board hereby grants a variance from the provisions of section 31.3.3.2 in order to allow the Applicant to maintain the existing cited materials within the approved egress system in light of the fact that all of these materials are based on and backed by plaster construction.
	8.  It is the understanding of the Board that the existing dimensions of this facility have been approved by the Newport Fire Marshal's office.
	9.  It is the understanding of the Board that deficiency 9 is not applicable to this building.
	10.  The Board hereby grants a variance from the provisions of section 31.3.6.2 in order to allow the Applicant to maintain the cited existing substantial egress system doors.  As a condition of this variance, the Board directs the Applicant to provide the cited doors with approved closers, at the direction and to the satisfaction of the Newport Fire Marshal's office within the time lines established in item 1 above.
	11.  It is the understanding of the Board that deficiency 11 is not applicable to this building.
	12-14.  It is the understanding of the Board that the Applicant has corrected deficiencies 12, 13 and 14 to the satisfaction of the Newport Fire Marshal.
	15.  It is the understanding of the Board that deficiency 15 is not applicable to this Applicant.
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)].