The above-captioned case was scheduled for hearing on October 16, 2007 at 1:00 P.M.  At that time, a subcommittee of the Board consisting of Vice Chairman Newbrook and Commissioners Filippi, Preiss and Blackburn were present.  The fire service was represented by Deputy State Fire Marshal Dennis McGarty of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Filippi to recommend the plan of action outlined below to the full Board.  The motion was unanimous.
	On October 23, 2007, the subcommittee recommendation, outlined below, was presented to the full Board.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Preiss, Jackson, Jasparro, Filippi, Pearson and Walker were present.  A motion to accept the subcommittees recommendation was made by Vice Chairman Newbrook and seconded by Commissioners Jackson and Pearson.  The motion was unanimous.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 5, 2005 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the October 16, 2007 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the January 5, 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, 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.  The Board hereby grants the Applicant a time variance until April 30, 2008 in which to provide this motel with an approved fire alarm system, installed at the direction and to the satisfaction of the State Fire Marshal's office.  The Board hereby authorizes the State Fire Marshal's office to extend the above deadline in light of good faith efforts being made by the Applicant to bring this facility into compliance with the code.  The above ability of the State Fire Marshal's office to extend has been provided to the Applicant in light of the Applicants representation of the limited occupancy of this facility and the possible economic hardship of full compliance.  Finally, as a condition of the relief granted herein, the Board directs the Applicant to maintain direct exits from each level of this facility and to maintain all of the temporary smoke detection throughout this facility.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing approved domestically supplied sprinkler heads above the furnace of this facility and sealing off the end wall at the direction and to the satisfaction of the State Fire Marshal's office.  The above correction shall be made within a timetable established by the State 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)].