The above-captioned case was scheduled for hearing on April 13, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Jasparro, Dias, Richard and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Kevin Garcia and Raymond Gomes of the Newport Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that 61-63 Memorial Boulevard is a complex of three (3) buildings.  The main building is a three-story Type V-000 unprotected wood frame structure.  The main building houses a bed and breakfast consisting of five (5) bedrooms located on the second and third floors.  The main building is heated with a gas-fired boiler, rated at greater than 160,000 BTUs.  Also located on the property are two (2) other existing buildings.  One is located to immediate rear of the main building and consists of a four-room bed and breakfast located on the first and second floors.  This building is a two-story Type V-000 unprotected wood frame structure.  The third building is located at 7 Annandale Road which houses a two-bedroom bed and breakfast on the second floor and a private residence on the first floor.  This two-story building is also of Type V-000 wood frame construction.
	The Board also had before it an inspection report dated March 27, 2006 which was compiled by the Newport Fire Marshal's office.  The Newport Fire Marshal's office advised the Board during the April 13, 2010 hearing that the Applicant had complied with this report.  However, the Board was advised that there was a question as to the status of the four-room carriage house described above as the "building to the rear of the main building" in this complex.  It was determined that while the building was not owner-occupied directly, if it were classified as a bed and breakfast, the only outstanding issue would be the installation of interconnected smoke detection.  It is the understanding of the Board that all other deficiencies in this facility would have been corrected by the Applicant.
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, upon review of this facility as a bed and breakfast, directs the Applicant to provide this facility with interconnected smoke detection installed at the direction and to the satisfaction of the Newport Fire Marshal's office, within a timetable established by that 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)].