The above captioned case was scheduled for a hearing on February l9, 2002 at l:00  p.m.  At that time, Vice Chairman Richard and Commissioners Wahlberg, Fang, Filippi, Newbrook, O’Connell and Burlingame were present. The fire service was represented by Assistant Deputy State Fire Marshal John McDermott of the Newport Fire Marshal’s Office.  A motion was made by Commissioner Fang and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the abstention of Commissioner Wahlberg.

FINDING OF FACT

The numbers of the Decision below correspond with those of an August 9, 2001 inspection report compiled by the Newport Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshal during the February 19, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the August 9, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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 defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of Section 23-28.l6-2 in order to allow the Applicant to maintain the existing egress system as modified herein.  In granting this variance, the Board directs the Applicant to correct the window on the third floor, at the direction and to the satisfaction of the Newport Fire Marshal within one hundred and twenty (l20) days from the date of this Decision.  Finally, it is the understanding of the Board that the Newport Fire Marshal’s Office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system as outlined in item #l0 below.

2.	A. The Board hereby grants a variance from the provisions of Section 23-28.l6-3 as it relates to the two (2) steps utilized by unit #4 to exit the front of the apartment.  In granting this variance, it is the understanding and direction of the Board that these steps shall be provided with a small handrail installed at the direction and to the satisfaction of the Newport Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.

B.	The Board hereby directs the Applicant to correct deficiency #2B by providing the cited closet on the third floor corridor with an approved solid core wood door maintaining an approximate fire rating of twenty (20) minutes.  The above door shall be further equipped with spring-loaded hinges and installed in the existing door jamb, at the direction and to the satisfaction of the Newport Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.

3.	A.  The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing construction of the stairway walls within this facility.  In granting this variance to allow these sheet rock walls, it is the understanding of the Board that the Applicant shall provide this facility with an approved fire alarm system.

B.  The Board hereby directs the Applicant to correct deficiency #3B by providing the rear stairwell with an additional handrail, at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

4.	A.  The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to maintain the existing swing of the cited exit doors.

B.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to provide the cited doors with approved closures or spring-loaded hinges, installed at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

C.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to provide the existing door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes, installed at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

5.	The Board hereby directs the Applicant to correct deficiency #5 by providing the second story with approved fire stopping, at the direction and to the satisfaction of the Newport Fire Marshal’s Office within one hundred and twenty (l20) days from the date of this Decision.

6.	The Board hereby directs the Applicant to correct deficiency #6 by providing the office areas with approved exit signage, at the direction and to the satisfaction of the Newport Fire Marshal’s Office within one hundred and twenty (l20) days from the date of this Decision.  The Applicant’s correction of deficiency #6 shall be a condition of the variances granted herein.

7.	As a condition of the variances granted herein, he Board hereby directs the Applicant to correct deficiency #7 by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

8.	The Board hereby grants a variance from the provisions of Section 23-28.l6-l3 and NFPA Standard l0, l988 edition in order to allow the Applicant to provide each of the apartment units of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Newport Fire Marshal, within fifteen (l5) days from the date of this Decision.

9.	It is the understanding of the Board that deficiency #9 is Grandfathered and not being requested by the Newport Fire Marshal’s Office.

10.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

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 Applicant’s 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.

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.  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.  Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s Decision, shall void all variances granted under the above-cited use or occupancy.  If such changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	The Applicant may appeal the Board’s 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.  [RIGL 42-35-l5(c)]