The above-captioned case was scheduled for hearing on February 10, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Pearson, Walker, Jasparro and Preiss were present.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Vice Chairman Newbrook 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 an October 3, 2008 inspection report compiled by the State Fire Marshals Office.  The above report, also identified as file 21-6C, was utilized by the Board, the Applicant and the State Fire Marshals Office during the February 10, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the October 3, 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.  The Board hereby grants a variance from the provisions of sections 29.2.1.2 and 24.2 in order to allow the Applicant to maintain the existing windows on the first floor of this facility and to modify the second floor windows in accordance with the Applicants plan of action, at the direction, to the satisfaction and within a timetable established by the State Fire Marshals office.
	2.  The Board hereby grants a variance from the provisions of section 29.2.4.1 in order to allow the Applicant to maintain the current egress configuration from this facility.  Specifically, while there are less than two (2) exits from every floor, the Board notes that all have direct exit to the outside and that the Applicant shall maintain the current suite operation which would include units 40, 41 and 42 as a single suite.  In granting this variance, that any additional safeguards deemed necessary by the State Fire Marshal's office should be implemented by the Applicant within a timetable established by that office.
	3.  It is the understanding of the Board that the Applicant shall correct deficiency 3.  Accordingly, the Board hereby authorizes the State Fire Marshal's office to allow the Applicant to comply within a timetable established by that office.
	4.  During the February 10, 2009 hearing on this matter, the Board was advised that the garage is currently empty and that the Applicant shall correct any deficiencies within it at the direction and to the satisfaction of the State Fire Marshal's office.  The Board hereby grants the State Fire Marshal's office the authority to provide the Applicant with additional time to comply.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing the cited guest rooms with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes in the existing jambs at the direction, to the satisfaction and within a timetable established by the State Fire Marshals office.
	6.  The Board directs the Applicant to complete the correction of deficiency 6 at the direction, to the satisfaction and within a timetable established by the State Fire Marshals office.
	7-11.  It is the understanding of the Board that the Applicant has corrected deficiencies 7, 8, 9, 10 and 11 at the direction and to the satisfaction of the State 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)].