The above-captioned case was scheduled for hearing on November 27, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners OConnell, Filippi, Walker, Jasparro, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Bradford Cronin of the Newport Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this is a mixed use occupancy containing assembly, mercantile and four (4) apartments.  The Board further finds that the structure is a four-story wood frame structure that has sleeping on the top three (3) levels.  The Board finds that the Applicant is requesting a variance from the fifteen-point plan for apartment buildings by deleting the egress sprinkler system.  The Board finds that the Newport Fire Marshal's office conducted a follow-up inspection of the facility and that by letter dated October 4, 2007 the Newport Fire Marshal's office recommended that this case be expedited.
	Finally, the Board finds that the Applicant is providing this facility with a completely exterior stairs from the fourth story unit directly to the outside.  In light of the fact that the Newport Fire Marshal's office had determined that many deficiencies had not been addressed and that there was no apparent plan of action, the Board determined that it would be advisable to leave this file open to allow the parties to return to address any remaining deficiencies pursuant to a plan of action presented by the Applicant and reviewed by the Newport Fire Marshal's office.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 31.1.1.3(15) in order to allow the Applicants completely exterior egress from the fourth floor of this facility not to be equipped with sprinkler coverage.  In granting this relief, the Board notes that the limited egress sprinkler systems were designed to assist residents in the rapid evacuation through the internal egress system of existing apartment buildings.  The Board further notes that the completely exterior stairs from the fourth level of this facility to grade provides direct and independent access from the fourth floor unit.  The Board notes that this access would not be encumbered or breached in the same manner that an internal means of egress common to all of the apartment units would be in an existing apartment building.  In light of the above, the requested relief is granted.
	2.  In light of the Newport Fire Marshal's October 4, 2007 observation that several deficiencies have been unresolved by the Applicant, the Board shall leave this file open in the event the Applicant and/or the Newport Fire Marshal wish to return to the Board to submit a plan of action to address the remaining deficiencies.

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)].