The above-captioned case was most recently scheduled for hearing on November 10, 2009 at 10:00 A.M.  At that time, Chairman Coutu and Commissioners Preiss, Blackburn, Dias and Jasparro were present.  Commissioner Richard recused himself from consideration of this case.  The Chief of the Watch Hill Fire Department was not in attendance.  However, by letter dated August 31, 2009, the Chief advised the Board of the deficiency and the fact that the porch of this facility had adequate sprinkler coverage.  A motion was made by Commissioner Preiss and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 070556 as its initial findings of fact in this case.  In addition, the Board adopts the August 31, 2009 letter from Chief Harold of the Watch Hill Fire Department as its follow-up findings of fact in this case.  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.  As outlined in the August 31, 2009 letter, the Board notes that there is a condition at the front lobby entrance door of this facility.  Specifically, while the door which opens into the covered sprinklered porch is one of many exits, it is not an exit directly from an egress stair.  Part of the historic recreation includes an overhang above the door on the exterior.  The overhang extends four feet four inches (44) and is approximately eleven feet (11) above the porch area.  The Board notes that there is a higher, more extensive overhand at approximately twenty-one feet (21) which is fully sprinklered.  The Applicant has requested relief from the provisions of section 8. 5.5.3.1 of NFPA 13 which would limit fixed obstructions to four feet (4).  Specifically, the Applicant is requesting relief for the four-inch extension of the overhang beyond four feet.  The Board hereby grants a variance from the provisions of section 8.5.5.3.1 of NFPA 13 in order to allow the Applicant to maintain the cited historic overhand which extends four inches beyond the code limitation.  In granting this relief, it is the understanding of the Board that the Watch Hill Fire Marshal has no objection.

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)].