The above-captioned case was scheduled for hearing on May 23, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Blackburn, Burlingame and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Christopher Kirwin of the Newport Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the May 23, 2006 hearing on this matter, the Board was advised and finds that this facility is a four-story Type V(000) constructed building with approximately 133 people housed by the hotel.  The Board was further advised and finds that the main issue before it was that the building is not in compliance and that it lacks a sprinkler system.  The Newport Fire Marshal's office advised by letter dated April 28, 2006, that in a phone conversation with the senior project manager of the contract to perform renovations to the building, that his office was advised that they will be presenting a plan of action for the installation of a sprinkler system.  During the May 23, 2006 hearing, the Board was advised that the Applicant sought to have the sprinkler system fully installed in this facility on or before May 1, 2007 and that the Newport Fire Marshal's office had no objection to this time frame in light of the seasonal nature of this occupancy.  The Board was further advised and finds that the Applicant shall also upgrade the fire alarm system within this period of time.  It is the understanding of the Board that all other fire code deficiencies have been corrected by the Applicant.
	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.  The Board hereby grants the Applicant a time variance in order to provide this facility with an approved sprinkler system and also upgrade the fire alarm system on or before May 1, 2007 at the direction and to the satisfaction of the Newport Fire Marshal's office.

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)].