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 and Richard were present.  Commissioner Blackburn recused himself from consideration of this case.  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 seconded by Commissioners OConnell and Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board notes that the subject facility is a gaming complex located in Newport, Rhode Island.  By letter dated October 16, 2007, the Applicants engineer has advised the Board that, upon review of the facility, the Applicant wishes to request relief in two (2) areas of the building that exceed the common path of travel distances, and to further request a permanent variance for the main entrance/exit requirement under RI Life Safety Code section 13.2.3.6.  The Board finds that the egress width of the main entrance door satisfies the required egress width as shown on the construction drawings.  However, the Board finds that due to the configuration of the existing structure, the access to the main entrance/exit limits the width that can be achieved without significant modifications.  The Board finds that the width of the remaining exits throughout the main floor is sufficient width for more than fifty percent (50) of the occupants allowing for sufficient egress for all occupants of the floor.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 42.2.5.1 in order to allow the Applicant to maintain the existing common path of travel of 124 feet from storage room 004.  In granting this relief in this fully sprinkled building, it is the understanding of the Board that the room is used for miscellaneous storage and contains the backflow preventer and main riser valve of the automatic sprinkler system.  It is the further understanding of the Board that the room is below grade and would require significant excavation and/or structural modification to the building to provide a satisfactory travel distance in this case.
	2.  The Board hereby grants a variance from the provisions of section 13.2.5.1.1 in order to allow the Applicant to maintain the existing common path of travel from existing office 201.  In granting this relief, it is the understanding of the Board that the office area is being classified as auxiliary space to the main assembly area and that the office area is only used by management of the facility and not open to the general public.  In light of the above, this variance is granted.
	3.  The Board hereby grants a variance from the provisions of section 13.2.3.6 in order to allow the Applicant to maintain a permanent variance for the main entrance/exit of this facility.  In granting this relief, the Board notes that fifty percent (50) of the occupants of this facility would have sufficient egress by going through the remaining exits of the main floor of this facility.  In light of this fact and the fact that modifying the main entrance would impose a structural hardship on the Applicant, it is the understanding of the Board that the Newport Fire Marshal's office has no objection.  Accordingly, this variance is granted.

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)].