The above-captioned case was scheduled for hearing on December 12, 2006 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, OConnell and Filippi 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 Commissioner Preiss, and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	It is the understanding and finding of the Board that this building is a one hundred year old carriage house that is undergoing a complete renovation pursuant to the United States Department of Interior Historic Renovation Guidelines.  During the December 12, 2006 hearing on this matter, the Board had before it a December 11, 2006 summary prepared by the Newport Fire Marshal.  As outlined in the summary, the Board finds that the Applicant is requesting relief in order to maintain the existing handrails and guardrails within this facility along with the existing separation based upon historical and structural hardship.  It is the understanding of the Board that the Newport Fire Marshal's office has no objection to the granting of this relief and that in all other respects this facility shall be in full compliance with the State Fire Code.
	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 31.2.4.4 in order to allow the Applicant to maintain the existing and proposed separation of the floor joists of this facility as documented by its architect.  In granting this variance, it is the understanding of the Board that the Newport Fire Marshal's office has no objection based on historical hardship.
	2.  The Board hereby grants a variance from the cited handrail and guardrail provisions outlined on the Newport Fire Marshal's September 19, 2006 inspection report, in order to allow the Applicant to maintain the existing handrails and guardrails within this historical structure.  In granting this variance, it is the understanding of the Board that the Newport Fire Marshal's office has no objection on the basis of historical hardship and the additional fire safety features being provided in this facility 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)].