The above-captioned case was most recently scheduled for hearing on February 10, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Pearson, Jasparro and Preiss were present.  The fire service was represented by Deputy State Fire Marshal James Moore of the State Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioners Jasparro and Dias to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Pearson.
FINDINGS OF FACT
	The Board notes that this facility was originally classified as a hotel occupancy with ten (10) rented rooms for guests and an additional room used as a dormitory for staff housing.  The Board further finds that during the hearing the owner of this facility requested that she be allowed to convert this occupancy into a bed and breakfast occupancy and to be further allowed to maintain one (1) additional guest in room 7 in the event a couple occupying room 7 were to bring a child with them.  The Board notes the objection of the State Fire Marshal's office to this additional family member occupying room 7.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a variance in order to have this building reviewed under the bed and breakfast occupancy classification.  The Board further grants a variance in order to allow the Applicant to provide a permanent twin bed in room 7 in order to maintain this as a family suite and allow the couple occupying room 7 to bring one child with them.  The Board notes that the child to be allowed in room 7 would be twelve years of age or older and the Board notes that this variance is based on and limited to the current owner and her current operation.  Finally, the Board notes the objection of the State Fire Marshal's office.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop a plan for full compliance with the bed and breakfast occupancy for this facility and an additional 120 days to implement that plan at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, the Board grants the State Fire Marshal's office the authority to extend the above plan for good faith efforts being made by the 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)].