The above-captioned case was scheduled for hearing by a subcommittee of the Board on April 5, 2006 at 9:00 A.M.  At that time, Vice Chairman Coutu and Commissioners Blackburn, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Christopher Kirwin of the Newport Fire Marshals Office.  The subcommittee recommendations were reviewed by the full Board on April 18, 2006 and approved pursuant to a motion by Commissioner Newbrook and seconded by Commissioner Pearson.  Accordingly, the subcommittee recommendations now have the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 16, 2004 compliance 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 April 5, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the November 16, 2004 compliance 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.  The Board hereby grants a variance from the provisions of section 29.2.1.1 and its referenced standards in order to allow the Applicant to maintain the existing stair enclosure in conjunction with the full sprinkler system in this facility.  In granting this variance, it is the understanding of the Board that the handrails within the stairwell comply with the code.  The Board further directs the Applicant to properly protect the stairwell closets at the direction and to the satisfaction of the Newport Fire Marshal's office.
	2.  The Board hereby grants a variance from the provisions of section 29.2.7 and its referenced standards in order to allow the Applicant to maintain the existing exit discharge in conjunction with the sprinkler system of this facility. 
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the means of egress with approved markings at the direction and to the satisfaction of the Newport Fire Marshals office.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 as it relates to the cited hazardous areas within this facility.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 with regard to the interior wall and ceiling finishes of this facility.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing the cited furnace with an approved remote shut-off switch as directed.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing this facility with an approved fire alarm system at the direction and to the satisfaction of the Newport Fire Department Superintendent of Fire Alarm.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing this facility with approved smoke and carbon monoxide detection.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing this facility with approved portable fire extinguishers.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by providing the cited doors with approved self-closing and self-latching hardware at the direction and to the satisfaction of the Newport Fire Marshal's office.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency  11 with regards to the cited building services.

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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].