The above-captioned case was scheduled for hearing on June 23, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Pearson, Jasparro, Preiss, Walker, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Wayne Clark of the Newport Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner 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 January 23, 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 June 23, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the January 23, 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, 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.  The Board hereby grants a variance from the provisions of section 7.2.1.3.6 in order to allow the Applicant to maintain the existing door configuration in the rear stairwell of this facility.  This variance is based upon structural hardship.
	2.  The Board hereby grants a variance from the provisions of section 7.2.1.4.3 in order to allow the Applicant to maintain the existing swing of the cited doors in the front entryway of this facility.  This variance is based upon structural hardship.
	3.  The Board hereby grants a variance from the provisions of section 7.2.1.4.4 in order to allow the Applicant to maintain the existing swing of the cited door to the rear staircase at the third floor level of this facility.  
	4-6.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop a plan for the correction of deficiencies 4, 5 and 6.  The Board hereby grants the Applicant an additional 120 days in order to implement that plan.  As a condition of this relief, the Board directs the Applicant to provide an approved K extinguisher in the kitchen of this facility.  Finally, the Board shall grant the Applicant an option to replace the existing stove with a four-burner domestic stove with domestic suppression tied into the fire alarm system installed at the direction and to the satisfaction of the Newport Fire Marshal's office within the above time frame.
	7.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1 in order to allow the Applicant to maintain the existing cited winding stairs in the rear staircase of this facility.  This variance is based upon structural hardship.
	8.  The Board hereby grants a variance from the provisions of section 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing winders on the basis of structural hardship.
	9-11.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop a plan of action for the correction of deficiencies 9, 10 and 11 at the direction and to the satisfaction of the Newport Fire Marshal's office.  The Board hereby grants the Applicant an additional 120 days in which to implement that plan of action.
	12.  The Board hereby grants a variance from the provisions of section 7.2.2.5.1.1 in order to allow the Applicant to maintain the existing enclosure and rating of the cited stairs within this facility.
	13.  The Board hereby grants a variance from the provisions of section 29.2.4.1 in order to allow the basement of this facility to maintain a single approved means of egress.  In granting this variance, the Board directs the Applicant to utilize the second unmarked stairs to the door leading to the outside as an emergency exit from the basement of this facility.  As a further condition of this relief, the Board directs the applicant to remove the bifolds and to identify the exits with approved signage at the direction and to the satisfaction of the  Newport Fire Marshal's office within the above timelines for the development and implementation of a plan of action for this facility.
	14-15.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop a plan of action for the correction of deficiencies 14 and 15.  The Board hereby grants the Applicant an additional 120 days in which to implement the above plan of action.
	16.  The Board hereby grants a variance from the provisions of section 8.6.2 in order to allow the Applicant to maintain the existing continuity of the cited stairs which were previously granted relief in item 12 above.  In granting this relief, it is the understanding of the Board that the Newport Fire Marshal's office has no objection based upon structural hardship.
	17-27.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop a plan of action for the correction of deficiencies 17 through 27 at the direction and to the satisfaction of the Newport Fire Marshal's office.  The Board hereby grants the Applicant an additional 120 days in which to implement that plan of action 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)].