The above-captioned case was scheduled for hearing on July 11, 2006 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss, Pearson, Filippi and OConnell 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 Blackburn and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the July 11, 2006 hearing on this matter, the Board was advised and finds that the Applicant proposes to temporarily occupy this facility until the building is demolished in October of 2007.  The building shall be utilized exclusively as an industrial workplace for the restoration of the 1885 historic schooner, Coronet.  The Board further finds that both the CRMC and the City of Newport have authorized the temporary use of this facility.  The Newport Fire Marshal's office has identified certain deficiencies in this facility and has no objection to a temporary variance and temporary occupancy of this facility.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a time variance, from the provisions of section 18.2.2.3.1 in order to allow the Applicant to maintain the existing access to this facility through October 31, 2007.  
	2.  The Board hereby grants a variance from the provisions of section 7.2.2.4.4.1 in order to allow the Applicant to maintain handrails and other barricades within this facility, at the direction and to the satisfaction of the Newport Fire Marshal's office.  The above variance is a time variance until October 31, 2007.
	3.  The Board hereby grants the Applicant a time variance from the provisions of section 7.2.2.4.5.3 in order to allow the Applicant to maintain guards and other barricades within this facility at the direction and to the satisfaction of the Newport Fire Marshal's office.  This time variance extends through October 31, 2007.  
	4.  The Board hereby grants the Newport Fire Marshal the authority to authorize the issuance of a temporary certificate of occupancy for this building until such time as the building is demolished, on or before October 31, 2007.  In authorizing the Marshal to approve the issuance of a temporary certificate of occupancy, the Board directs the Applicant to comply with any additional safeguards deemed necessary by the Newport Fire Marshal's office in the approval of the issuance of a temporary certificate of occupancy.

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)].