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 Burlingame and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of January l7, 2002 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 January l7, 2002 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, it is the understanding of the Board that the Applicant shall provide this facility with an approved fire alarm system as outlined in item #8 below.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to maintain access to the fire escape through bedroom windows.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from the bedroom doors utilized to access the fire escapes.  It is the further understanding of the Board that the windows are suitable to access the fire escape.

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 stairwell of this facility.  

B. 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 winding stairs within the stairwell of this facility.

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 apartment 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 apartment 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 this facility 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.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signs, 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. 

7.	The Board hereby grants a variance from the provisions of Section 23-28.l6-l3 in order to grant the Applicant an option of either complying with NFPA Standard l0, l988 edition or 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.  In any event, the above extinguishers shall be installed within fifteen (l5) days from the date of this Decision.

8.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local 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)]