The above-captioned case was scheduled for hearing on July 8, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jasparro, Walker, Pearson, Filippi and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Kevin Garcia of the Newport Fire Marshals Office.  A motion was made by Vice Chairman 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 July 14, 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 July 8, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the July 14, 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 a variance from the provisions of section 37.3.4.1 and section 13.8.9.6.3.2 and their referenced standards in order to allow the Applicant to provide this facility with an approved local fire alarm system installed at the direction and to the satisfaction of the Newport Fire Marshal's office within a timetable established by that office.  In granting this variance, it is the understanding of the Board that the Newport Fire Marshal's office has no objection.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing residential doors with spring-loaded hinges installed at the direction and to the satisfaction of the Newport Fire Marshal's office. 
	3.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing fire escape system, with any modification deemed necessary by the Newport Fire Marshal's office, as part of the egress system of this facility.  In granting this relief, the Board directs the Applicant to make any modification deemed necessary to the fire escape system by the Newport Fire Marshal's office within a timetable established by that office.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing the means of egress with proper illumination at the direction and to the satisfaction of the Newport Fire Marshal's office within a timetable established by that office.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by properly marking the egress system of this facility at the direction and to the satisfaction of the Newport Fire Marshal's office within a timetable established by that office.
	7.  During the July 8, 2008 hearing on this matter, it was the understanding of the Board that deficiency 7 was moot.  However, the Board would recommend that the Applicant provide a single domestically-supplied sprinkler head over the furnace of this facility, installed at the direction and to the satisfaction of the Newport Fire Marshal's office.
	8.  During the July 8, 2008 hearing on this matter, the Board noted that the Newport Fire Marshal's office had the authority to allow the dimensional relief cited in the report and that the Newport Fire Marshal's office has allowed that relief.  Accordingly, no further action is necessary by the Board.
	9.  The Board hereby grants a variance from the provisions of section 37.2.1.2 in order to allow the Applicant to maintain the existing cited components of the egress system.  
	10.  The Board hereby directs the Applicant to correct deficiency 10 by providing its employees with approved extinguisher training 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)].