The above-captioned case was scheduled for hearing on February 24, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Walker, Jasparro, Preiss, Jackson and Blackburn were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshal's Office and Assistant Deputy State Fire Marshal Kevin Garcia of the Newport Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that by letter dated March 23, 2006, the State Fire Marshal advised the Applicant that this facility lacked a complete automatic sprinkler system and that such a system should be installed on or before July 1, 2006.  During the February 24, 2009 hearing on this matter, the Board was advised and finds that the Applicant is required to install floor proximate exit signage on the second level of this facility.  The Board was further advised that the Applicant was requesting relief from certain requirements of the fire code.  However, the Board notes that the Applicant would require additional time in order to correct the above deficiencies which had remained outstanding for almost three (3) years.  


CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans for the installation of full sprinkler coverage and the lacking floor proximate exit signs to the State and Newport Fire Marshal's office.  The Board hereby provides the Applicant with an additional 120 days from the above deadline in order to correct the deficiencies by providing this facility with approved sprinkler coverage and approved floor proximate exit signage at the direction and to the satisfaction of the Newport Fire Marshal's office.  Finally, the Board grants the Newport Fire Marshal's office the authority to extend the above 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)].