The above-captioned case was scheduled for hearing on October 23, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Jackson, Preiss, Jasparro, Filippi and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Kevin Garshon of the Newport Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook 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 25, 2005 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 October 23, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the January 25, 2005 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.  
	The Board further finds that as part of the Applicants plan of action, he had requested a time variance until December 31, 2006 to correct deficiencies 1 through 11 with the sole exception of deficiency 3(b).  The Board finds that as part of the Applicants plan of action, the property owner requested a variance from the provisions of section 13.2.4.2 in order to allow the owner to construct a second modified means of egress designed by a certified fire safety professional, at the direction and to the satisfaction of the Newport Fire Marshal's office and to provide this second means of egress in place prior to December 31, 2006.  The Board finds that the Applicant has not so installed the second means of egress as of the date of the hearing because the Applicant wished to confirm the approval of this variance.
	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 
	1-2.  It is the understanding of the Board that the Applicant has corrected deficiencies 1 and 2 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3(a) at the direction and to the satisfaction of the Newport Fire Marshal's office.
	The Board hereby grants a variance from the provisions of section 13.2.4.2 in order to allow the Applicant to provide the second and third stories of this residential occupancy with a second means of egress consisting of fire stairs to the roof of the first floor of this facility with an extension system over the roof, at the direction and to the satisfaction of the Newport Fire Marshal's office.  Once this system is approved by the Newport Fire Marshal, the system shall be deemed to be a compliant second means of egress for purposes of the code.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to install the above described system, at the direction and to the satisfaction of the Newport Fire Marshal's office.
	4-11.  It is the understanding of the Board that the Applicant has corrected deficiencies 4, 5, 6, 7, 8, 9, 10 and 11 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)].