The above-captioned case was scheduled for hearing on July 19, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Preiss, Evans, Newbrook, Burlingame, Pearson, Filippi, OConnell and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Harry Hallgring, Jr. of the Newport Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Filippi 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 February 4, 2004 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 19, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the February 4, 2004 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.

CONCLUSIONS AND VARIANCE REQUESTS
	1(a)(b).  It is the understanding of the Board that the Applicant has corrected deficiencies 1(a) and 1(b) at the direction and to the satisfaction of the Newport Fire Marshals office.
	1(c).  The Board hereby grants a variance from the provisions of section 12.2.1 in order to allow the Applicant to maintain the cited thirty (30) inch rear exit door.  This variance is granted on the basis of structural hardship.
	1(d).  It is the understanding of the Board that the Applicant has corrected deficiency 1(d) by properly swinging the cited door in the direction of egress travel.
	1(e, f, g, h and i).  The Board hereby grants a variance from the provisions of section 12.2.1 in order to allow the Applicant to maintain the existing conditions and dimensions cited in deficiencies 1(e, f, g, h and i).  This variance is granted on the basis of structural hardship in light of existing conditions.
	2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to upgrade the existing fire alarm system to a municipally connected system at the direction and to the satisfaction of the Newport Fire Alarm Superintendent.  The Board notes that if additional time is necessary in this case, the Newport Fire Alarm Superintendent shall be authorized to extend the above deadline.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by properly repairing the cited hood and ansul system within this facility to the satisfaction of the Newport Mechanical Inspector and Fire Marshal.

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)].