The above-captioned case was scheduled for hearing on May 12, 2009 at 1:00 P.M.  At that time, Acting Chairman Pearson and Commissioners Dias, Filippi, Jasparro, Jackson, Preiss, Blackburn, Richard and Walker 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 Commissioner Jackson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Walker.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 10, 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 May 12, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the July 10, 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 
	1-4.  It is the understanding of the Board that the Applicant shall correct deficiencies 1, 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 24.2.2.3 and its referenced standards in order to allow the Applicant to maintain the cited existing basement windows of this facility on the basis of structural hardship.  In granting this relief, the Board directs the Applicant to provide an additional fire extinguisher in the unit with the cited window and the Board notes that the door to this unit goes directly to the outside.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6.
	7.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop and present a plan of action for the correction of deficiency 7 to the Newport Fire Marshal.  The Board hereby grants the Applicant an additional 120 days in order to implement the plan of action to provide the cited materials with an approved flame spread rating at the direction and to the satisfaction of the Newport Fire Marshal's office.
	8-9.  It is the understanding of the Board that the Applicant has corrected deficiencies 8 and 9 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	10.  The Board hereby grants a variance from the provisions of section 31.3.6.2 in order to allow the Applicant to develop and implement a plan to provide the cited doors with an approved Class A finish within the timetable outlined in item 7 above.
	11-15.  It is the understanding of the Board that the Applicant has corrected deficiencies 11, 12, 13, 14 and 15 as they relate to this facility.

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)].