As indicated in the file, a hearing involving the above-captioned property was conducted on May 3, 2016 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Richard, Filippi, Pearson, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.
APPLICANT: Curt Genga and Michael Leber.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. Chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Curt Genga (authorized representative) of PSNC, 424 Bellevue Avenue, Newport, RI dated March 3, 2016.
3.	The Application was received by the Board and File  160049 opened on March 24, 2016.
4.	A hearing on the Application was conducted on May 3, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Thornton to grant the Applicant the relief as outlined herein.  The motion passed on a 9 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160049 and are pertinent to the decision rendered:

1.	Variance Application  160049 dated March 3, 2016 and filed on March 24, 2016.
2.	Newport Fire Marshals Office Plan Review Report dated December 16, 2015.

EXHIBITS

The following documents were presented at the May 3, 2016 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the December 15, 2015 plan review 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 May 3, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the December 15, 2015 plan review 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.
2.	The building is an existing 3-story lodging and rooming house occupancy.
3.	The building is of masonry construction and will be provided with approved sprinkler protection and will have a compliant fire alarm system.
4.	There is no objection by the Newport Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 26.2.2.1 by allowing the existing second to third floor stair to remain unenclosed as designed, based upon a structural hardship.
2.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 26.2.2.4 by allowing the existing winders to remain in use, based upon a structural hardship.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.

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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

STATUS OF DECISION AND APPEAL RIGHTS

1.	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: Fire Safety Code, section 6-2-22).
2.	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: Fire Safety Code, section 6-2-23.)  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: Fire Safety Code, section 6-2-24).
3.	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:  Fire Safety Code, section 6-2-25).
4.	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.  (See: Fire Safety Code, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].