The above-captioned case was scheduled for hearing on July 8, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jasparro, Walker, Pearson, Filippi and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Kevin Garcia of the Newport Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioners Preiss and Richard 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 November 29, 2005 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 July 8, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the November 29, 2005 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1-3.  It is the understanding of the Board that the Applicant will correct deficiencies 1, 2 and 3 at the direction and to the satisfaction of the Newport Fire Marshal's office within ninety (90) days of the date of this decision.
	4.  The Board hereby grants a variance from the provisions of section 31.1.1.3(5) in order to allow the Applicant to maintain a second exit from the third floor that goes through a second floor unit, provided the Applicant installs approved sprinkler coverage in the main stairwell of this facility at the direction and to the satisfaction of the Newport Fire Marshal's office within ninety (90) days of the date of this decision
	5.  The Board hereby grants a variance from the provisions of section 31.1.1.3(6) in order to allow the Applicant to maintain glass doors on the second floor provided they are sprinklered on both sides as part of the Applicants sprinklering of the egress system of this facility at the direction and to the satisfaction of the Newport Fire Marshal's office within ninety (90) days of the date of this decision.
	6.  The Board hereby grants a variance from the provisions of section 31.1.1.3(7) in order to allow the Applicant to maintain the existing wall coverings in the egress system within this facility in conjunction with approved sprinkler coverage, at the direction and to the satisfaction of the Newport Fire Marshal's office in accordance with the Applicants plan of action.  The Board hereby grants the Applicant ninety (90) days from the date of this decision in order to provide the above sprinkler coverage.
	7.  It is the understanding of the Board that the Applicant shall correct deficiency 7 at the direction and to the satisfaction of the Newport Fire Marshal's office within ninety (90) days of the date of this decision.
	8.  The Board hereby grants a variance from the provisions of section 31.1.1.3(10) in order to allow the Applicant to maintain the existing apartment doors with approved spring-loaded hinges with approved sprinkler coverage as outlined in the Applicants plan of action.  The above sprinkler coverage in the egress system shall be at the direction and to the satisfaction of the Newport Fire Marshal's office within ninety (90) days of the date of this decision.
	9.  The Board hereby directs the Applicant to correct deficiency 9 at the direction and to the satisfaction of the Newport Fire Marshal's office within ninety (90) days of the date of this decision.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by providing a domestically-supplied sprinkler head over the furnaces of this facility, at the direction and to the satisfaction of the Newport Fire Marshal's office within ninety (90) days of the date of this decision.
	11-16.  The Board hereby directs the Applicant to correct deficiencies 11, 12, 13, 14, 15, and 16 at the direction and to the satisfaction of the Newport Fire Marshal's office within ninety (90) days of the date of this decision.
	17.  The Board notes that the Newport Fire Marshal's office shall have the authority to extend the above time deadlines for good faith efforts being shown 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)].