The above-captioned case was scheduled for hearing on July 28, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Richard, Preiss, Blackburn and Jasparro 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 Richard and seconded by Vice Chairman Newbrook 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 May 8, 2006 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 28, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the May 8, 2006 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.  The Board hereby grants a variance from the provisions of section 11.3.5 in order to allow the Applicant to maintain the existing elevator which opens directly into an exit stair enclosure.  In granting this variance on the basis of structural hardship, the Board notes that the Newport Fire Marshal's office has no objection based on existing condition, the fact that this area is fully rated and sprinklered and that the Applicant maintains a complete municipally connected fire alarm system throughout this facility.
	2-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3 and 4 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	5.  The Board hereby grants a variance from the provisions of section 14.3.2 in order to allow the Applicant to allow the cited exit stair enclosure to lead into a lounge as opposed to a main foyer to a public way.  In granting this relief, it is the understanding of the Board that there is approximately ninety (90) feet of travel distance and that the Applicant maintains other egress stairways that lead directly to the outside.  Finally, the Board notes that the Newport Fire Marshal's office has no objection based on structural hardship, existing condition and all of the other safeguards incorporated into this facility such as sprinkler and fire alarm protection.
	6.  The Board hereby grants a variance from the provisions of section 14.5.1.4 in order to allow the Applicant to maintain the existing doors and door swings leading into the exit stairs of this facility.  In granting this relief on the basis of structural hardship/existing condition, the Board notes that this facility is fully sprinklered and alarmed. 
	7-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 7, 8, 9 and 10 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	11.  The Board hereby grants a variance from the provisions of section 7.3.4.1 in order to allow the Applicant to maintain the cited width at the bottom of the exit stairs of this facility on the basis of structural hardship.  Specifically, it is the understanding of the Board that structural columns impede the exit width at this point.  Finally, the Board notes that this is approximately a 6 discrepancy under the minimum code.
	12-13.  It is the understanding of the Board that the Applicant has corrected deficiencies 12 and 13 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	14.  The Board hereby grants a variance from the provisions of section 7.1.5.1.1 in order to allow the Applicant to maintain the existing cited exit stair headroom on one landing on the second level of this facility as noted in the inspection report.
	15-16.  It is the understanding of the Board that the Applicant has corrected deficiencies 15 and 16 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)].