The above-captioned case was scheduled for hearing on September 16, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Blackburn, Richard, Preiss, Jasparro, Walker, Pearson, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Linacre of the Kingston Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 28, 2008 inspection report compiled by the Kingston Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Kingston Fire Marshals Office during the September 16, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the April 28, 2008 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 
	1-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the Kingston Fire Marshal's Office.
	6.  The Board hereby directs the Applicant to correct deficiency 6 within 120 days of the date of this decision at the direction and to the satisfaction of the Kingston Fire Marshal's Office.
	7.  During the September 16, 2008 hearing on this matter, the parties advised the Board that the occupancy of the assembly portion of this facility would not exceed fifty (50) people at any one time.  In light of this fact and the additional three (3) exit doors that are maintained from this area, the Board hereby grants a variance from the provisions of section 13.2.2.2.3 in order to allow the Applicant to utilize paddle style hardware on the exit doors from the assembly areas at the direction and to the satisfaction of the Kingston Fire Marshal's Office.  The above hardware shall be installed within 120 days of the date of this decision.
	8.  During the September 16, 2008 hearing on this matter, the parties further advised the Board that the open stairways within this facility did not service the assembly occupancy but rather limited residential units whose occupants have been trained in rapid evacuation of this facility.  The Board was further advised that the separation of these areas in this historic building would be very difficult to achieve.  Accordingly, in light of the other fire protection in this facility, the limited occupancy and the other safeguards instituted by the parties, the Board hereby grants a variance from the provisions of section 13.3.1 in order to allow the Applicant to maintain the open stairways of this facility, with any additional safeguards deemed necessary by the Kingston Fire Marshal's office.
	9-13.  The Board hereby directs the Applicant to correct deficiencies 9 through 13 at the direction and to the satisfaction of the Kingston Fire Marshal's Office within 120 days of the date of this decision.
	14-15.  It is the understanding of the Board that the Applicant has corrected deficiencies 14 and 15 at the direction and to the satisfaction of the Kingston 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)].