The above-captioned case was originally scheduled for hearing on May 10, 2005 at 1:00 P.M.  At that time, the case was scheduled for an on-site review by the Board.  A subcommittee of the Board visited the facility on June 15, 2005 and directed the Applicant and the State and Newport Fire Marshal's Office to develop a plan of action addressing the deficiencies within this facility.  The Applicant returned to the Board on August 16, 2005 with a plan of action addressing the deficiencies.  A decision addressing the requested variances was issued on October 20, 2005.
The Applicant has returned to the Board requesting clarification of item 2 of the above decision.  Specifically, the Applicant wished to verify that the enclosure at the top of the existing stairs would be a smoke barrier as opposed to a fire rated enclosure.  The Board was also asked for additional time in order for the Applicant to correct this deficiency.  Accordingly, the above captioned case was most recently scheduled for March 7, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Richard, Preiss, Filippi, Newbrook and Burlingame were present.  The fire service was represented by Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office along with ADSFM Christopher Kirwin of the Newport Fire Marshal's Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file number 050048.  In addition, the Board adopts the February 15, 2006 progress summary by the Applicants architect as its further findings of fact in this case.  Finally, it is the understanding of the Board that the only outstanding issue in this case is the clarification of the type of enclosure required by the Board at the top of the existing stairs within this facility.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby clarifies item 2 of its original decision as follows.  The Applicant is hereby allowed to maintain the existing stairs within this facility provided the Applicant enclose the existing stairs at the top with an approved smoke barrier installed at the direction and to the satisfaction of the State Fire Marshal's office, and that the Applicant further extend sprinkler coverage into the stairs at the direction and to the satisfaction of the State Fire Marshal's office.  The Board hereby extends the original time variance to ninety (90) days from the March 7, 2006 hearing date.  If additional time is deemed necessary, the Newport and State Fire Marshal's office may grant that additional time in light of good faith efforts being made by the Applicant to comply.

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)].