The above-captioned case was scheduled for hearing on August 22, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook and Pearson 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 Newbrook and seconded by Commissioner Pearson 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 March 12, 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 August 22, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the March 12, 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. 
	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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-8.  The Board hereby directs the Applicant to correct deficiencies 1, 2, 3, 4, 5, 6, 7 and 8 at the direction, to the satisfaction and within a timetable established by the Newport Fire Marshal's office.
	9.  The Board hereby grants a variance from the provisions of sections 14.6.1.1 and 14.3.1 in order to allow the Applicant to maintain the existing second and third floor exit access corridor in accordance with the following plan of action.  As a condition of this variance, the Board directs the Applicant to fire rate the interior stairwell from the first to the second floor to effectively reduce the travel distance to the exit.  The Board further directs the Applicant to provide twenty-minute doors with UL enclosures on all corridor openings.  The Board further directs the Applicant to construct a means of egress from the third floor to the back roof and down to the level of exit discharge.  This newly constructed means of egress shall be done at the direction and to the satisfaction of the Newport Fire Marshal's office.  This means of escape will also include a door from the third level to an exterior stair.  The Board further directs the Applicant to enclose the convenience stair to the storage room on the second level and to add a twenty-minute door with a UL closure.  Finally, the Board directs the Applicant to sheetrock the underside of the wooden egress stair, to the satisfaction of the AHJ.  
	10.  The Board hereby grants a variance from the provisions of sections 14.6.1.2 and 8.6.8.1 in order to allow the Applicant to maintain the existing staircase as modified in accordance with the plan of action outlined in item 9 above.  
	11.  The Board hereby grants a variance from the provisions of section 14.9.1.1 in order to allow the Applicant to maintain the existing egress from the second and third floors as modified by the plan of action outlined in item 9 above.
	12-14.  The Board hereby directs the Applicant to correct deficiencies 12, 13 and 14 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	15.  The Board hereby grants a variance from the provisions of sections 37.3.2.1.1 and 8.7.1.1 in order to allow the Applicant to provide sprinkler head protection from domestically supplied sprinkler heads connected to the fire alarm system with a flow switch at any boiler exceeding 160,000 BTUs.
	16.  The Board hereby directs the Applicant to correct deficiency 16 at the direction and to the satisfaction and within a timetable established by the Newport Fire Marshal's office.
	17.  The Board hereby directs the Applicant to correct deficiency 17 by providing this facility with an approved fire alarm system installed at the direction and to the satisfaction of both the Newport Fire Marshal and the Newport Fire Alarm Superintendent.

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)].