The above-captioned case was most recently scheduled for hearing on August 31, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Jackson, Preiss, Jasparro, Dias and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Raymond Gomes of the Newport Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a December 26, 2007 follow-up inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the August 31, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the December 26, 2007 follow-up inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing the means of egress of this facility with approved emergency lighting.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by properly marking the exits from the mercantile space at the direction and to the satisfaction of the Newport Fire Marshal's office.
	3.  The Board hereby grants the Applicant a time variance in order to correct the outstanding deficiencies of this facility as outlined below.  Specifically, the Board hereby grants the Applicant a time variance of thirty (30) days in order to submit a plan of action to the Newport Fire Marshal's office for the correction of the cited deficiencies.  The Board hereby grants the Applicant an additional 120 days in which to complete the correction of the deficiencies at the direction and to the satisfaction of the Newport Fire Marshal's office.  Finally, the Board hereby grants the Newport Fire Marshal's office the authority to extend the above timelines for good faith efforts being shown by the Applicant.  Accordingly, the Board hereby directs the Applicant to correct deficiency 3 within the time frames outlined above by properly certifying the fire escapes of this facility.  
	4.  The Board hereby grants a variance from the provisions of section 31.1.13(7) in order to allow the Applicant to maintain the existing wood paneling in the staircases in conjunction with the Applicant's sprinkler system.  
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing appropriately sized windows for escape.
	6.  The Board hereby grants a variance from the provisions of section 7.2.2.4.5.2 and its referenced standards in order to allow the Applicant to maintain the existing historic guards on the staircases within this facility. 
	7-11.  It is the understanding of the Board that the Applicant has corrected deficiencies 7, 8, 9, 10 and 11 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	12.  During the August 31, 2010 hearing on this matter, the Board was advised that the lock in Unit 6 was placed at too great a height due to the fact that there is a handicapped child within this unit.  Accordingly, the Board hereby grants the Applicant a temporary variance to maintain the lock at the current height while the child is present in this unit.  The Board hereby directs the Applicant to correct this deficiency once the handicapped child leaves the cited unit.
	13.  The Board hereby grants the Applicant the same time variance outlined in item 12 in order to correct deficiency 13.
	14-16.  It is the understanding of the Board that the Applicant has corrected deficiencies 14, 15 and 16.
	17.  The Board hereby grants a variance from the provisions of section 14.5.1.1 in order to allow the Applicant to maintain the existing entry door to Unit 7 which does not open to its full width.  This variance is granted on the basis of structural hardship.
	18-21.  It is the understanding of the Board that the Applicant has corrected deficiencies 18, 19, 20 and 21 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	22.  Initially, the Board considered granting the applicant a variance for deficiency 22.  However, it took no action.  Accordingly, the Board directs the Applicant to correct deficiency 22 at the direction and to the satisfaction of the Newport Fire Marshal's office as part of its plan of action for the limited sprinkler coverage throughout this facility as outlined in item 31 below.
	23-25.  It is the understanding of the Board that the Applicant has corrected deficiencies 23, 24 and 25 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	26.  The Board hereby directs the Applicant to correct deficiency 26 at the direction and to the satisfaction of the Newport Fire Marshal's office in accordance with the timelines outlined in item 3 above.
	27.  It is the understanding of the Board that the Applicant has corrected deficiency 27 by removing the cited extension cord.
	28.  The Board hereby directs the Applicant to correct deficiency 28 by providing this facility with an approved key access box installed at the direction and to the satisfaction of the Newport Fire Marshal's office within the timelines outlined in item 3 above.
	29.  The Board hereby directs the Applicant to correct deficiency 29 by providing the cited address numbers on the Broadway side by the entry doors at the direction and to the satisfaction of the Newport Fire Marshal's office within the timelines outlined in item 3 above.
	30.  The Board hereby grants a variance from the provisions of section 14.11.6 in order to allow the Applicant to maintain the cited egress arrangement pursuant to the understanding that the area below the cited roof shall be fully sprinklered to the satisfaction of the Newport Fire Marshal's office.
	31.  The Board hereby grants a variance from the provisions of section 38.3.5.1 in order to allow the Applicant to maintain full sprinkler coverage in the stores and the means of egress of this facility but to provide a head in each of the apartment units at the direction and to the satisfaction of the Newport Fire Marshal's office within the time frames outlined in item 3 above.
	32.  In light of the Applicant's agreement to provide the exit staircases with approved sprinkler coverage, the Board hereby grants a variance from the provisions of section 14.3.1.

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)].