The above-captioned case was originally scheduled on November 27, 2007 and a decision was issued on March 6, 2008.  The Applicant has now requested that the file be reopened to ask for the Boards approval of a plan of action providing separation of the outside stairway on the fourth floor level and the fire escape from the structure below.  This matter was most recently scheduled for hearing on April 22, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Pearson, OConnell, Walker and Jasparro 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 Vice Chairman Newbrook and Commissioner Richard and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file number 070155 as its initial findings of fact in this case.  In addition, the Board finds that the issue of separation has been brought before it and that the Applicant has proposed a plan of action outlined below.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a time variance of ninety (90) days from the date of this decision in which to create a barrier from within the rooms under the stairs and the fire escape by applying a double 5/8 sheetrock with metal separators, at the direction and to the satisfaction of the Newport Fire Marshal's office.  The sheetrock shall also be put in the hobby shop area over the hard ceiling.  The sheetrock application shall be in accordance with the provisions of section 10 at the direction and to the satisfaction of the Newport 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)].