The above-captioned case was scheduled for hearing on June 25, 2013 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Sylvester, Thornton, Walker, Booth and Jackson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame. 


FINDINGS OF FACT
	The numbers of the Decision below correspond with those of both an April 10, 2013 inspection report compiled by the Newport Fire Marshals Office and a May 26, 2013 plan of action developed and submitted by the Owners Representative.  The above inspection report and plan of action were utilized by the Board, the Owners Representative and the Newport Fire Marshals Office during the June 25, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the above-described April 10, 2013 inspection report along with the May 26, 2013 plan of action 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. 
	Based upon the documentation submitted and the testimony taken, the Board further finds that the subject facility is a three (3) story structure of type III-211 construction.  The Board further finds that this building was constructed in 1894 and contains approximately twenty-two thousand, four hundred eighty-six (22,486) square feet of space.  The Board finds that this facility was originally constructed as a single family home and that now the facility contains both residential and existing assembly occupancies.  Specifically, the Newport Zoning Department has classified this facility as a museum with two (2) residential units.  The Board finds that the subject facility has been leased out for special events in the past and that it was also open to the general public for tours.  The Board finds that the new Owner wishes to continue these activities in order to partially off-set the costs of this major renovation project and to further maintain the economic viability of this historic mansion.  The Board finds that access to the third floor shall be restricted and that this level shall not be open to the public. 
	The Board finds that the assembly areas of this facility have the potential to accommodate significant numbers of people.  Specifically, the Board finds that the first floor Banquet Room can accommodate two hundred and four (204) people with tables and chairs and that this potential number grows to four hundred and thirty-eight (438) people when the tables and chairs are removed from this room.  The Board further finds that the second floor Ball Room can accommodate one hundred thirty-two (132) people with tables and chairs and two hundred eighty-two (282) people when the tables and chairs are removed from this room.  The Board finds that the total calculated concentrated use occupancy (an assembly occupancy without tables and chairs) is potentially seven hundred and twenty (720) people.  However, the Board further finds that this total occupancy would have to be limited to approximately six hundred seventy (670) people based upon the Newport Fire Marshals exit-width calculations for this facility. 
	The Board has been advised and finds that the new Owner and her representative have been working closely with the Newport Fire Marshals Office in upgrading the life safety of this facility.  Specifically, the Board finds that the Owner and her representative are providing this facility with a new compliant fire alarm system, exit signage and emergency lighting.  The Board further finds that the Owner and her representative are currently consulting with sprinkler system installers in order to access the feasibility of sprinkler coverage while taking into consideration how to preserve and maintain the historical integrity of the building. 
	The Board finds that a primary concern of the Owner and her representative is the preservation of four (4) historically significant rooms located on the second level of this facility.  The Board finds that these rooms are identified on the submitted floor plan as the Dining Room and Music Room located in the northwest corner of the second floor, along with the Master Bedroom and Madams Bedroom located in the northeast corner of the second floor. 
The Board finds that the historically ornate features of the above rooms would be impacted by the installation of sprinkler coverage.  The Board further finds that Owners representative has advised that these historically significant rooms comprise only five and one half (5) percent of the total square footage of this facility and that these rooms will be roped off and not entered by the general public during tours and/or events.  The Board further finds that the Owner and her representative will provide additional, non-intrusive fire detection in these four historically-significant rooms if granted relief for these areas.  The Board finds that the Newport Fire Marshals Office supports the requested relief in view of the historical significance of these rooms and the additional safeguards proposed by the Owners representative. 
On a final note, the Board appreciates the significant efforts of the Owner and her representative in working closely with the Newport Fire Marshals Office to bring this nationally recognized historical building into full compliance with the fire code while maintaining its historically significant features for future generations.

CONCLUSIONS AND VARIANCE REQUESTS

1.	During the June 25, 2013 hearing on this matter, the Owners representative advised the Board that the cited rear staircase would be corrected by redesigning it into a wider staircase with the appropriate guards and rails in accordance with the code.  The Board hereby grants a variance from the provisions of RILSC 101, Sections 7.1.8 and 7.2.2.4, in order to allow the Owner to maintain the original historical railing guards of the Main Staircase within this facility.  However, the Board directs the parties to develop a plan of action covering the proposed handrails for the Main Staircase as outlined below.
During the hearing, the Newport Fire Marshal advised the Board that he sought the installation of additional handrails on the Main Historical Staircase.  Commissioner Thornton questioned whether this could be accomplished in a manner that would maintain the historical integrity of the staircase.  Additionally, Commissioner Blackburn advised the parties that his decision to support granting relief in this area would have to take into consideration whether the Main Staircase would be used only for tour groups or for the evacuation of large functions on the second floor.  In light of the above, the Board directs the parties to determine the proposed intensity of use of the Main Staircase and also whether additional handrail(s) can be provided without compromising the historical significance of this staircase.  Upon the conclusion of this process, the Owners Representative and the Newport Fire Marshal may return to the Board to address this outstanding issue.  
Finally, the Board notes that, with the exception of the one (1) year time variance granted in Item 13 below, this project shall proceed within a time frame projected by the Owners Representative and approved by the Newport Fire Marshals Office.  Again, the parties are free to return to the Board for review of these time frames.  
2.	The Board hereby grants a variance from the provisions of RILSC 101, Section 7.2.1.4.2 in order to allow the Owner to maintain the existing swing of the iron courtyard gates provided that, during all assembly events, these gates shall be pinned open to allow for unobstructed egress to the public way. 
During the hearing, the Board was advised that the four (4) large double doors leading to the courtyard are to be restored or rebuilt.  The Board was further advised by the Owners Representative that one set of these double doors will be re-hinged in order to swing into the courtyard.  This set shall be further equipped with the appropriate panic hardware, signage and other equipment deemed necessary by the Newport Fire Marshals Office.  Accordingly, the Board grants a variance from the provisions of RILSC 101, Section 7.2.1.4.2 in order to allow the Owner to maintain the existing swing of the remaining three (3) historical double doors in accordance with the plan of action as outlined above.  In granting this relief, it is the understanding of the Board that this will provide sufficient egress and that the Newport Fire Marshals Office has no objection. 
It is the understanding and direction of the Board that the door on the east side of the rear stairs will be correctly re-swung in the direction of egress travel.  Finally, the Board grants a variance from the provisions of RILSC 101, Section 7.2.1.4.2 in order to allow the Owner to maintain the existing swing of the historic rear exit door of the library that is designed to appear as part of the library paneling.
3.	It is the understanding of the Board that the Owner shall correct Deficiency 3 by providing the designated egress doors with approved panic hardware at the direction and to the satisfaction of the Newport Fire Marshals Office.
4.	It is the understanding of the Board that the Owner shall correct Deficiency 4 by redesigning and rebuilding the rear exit stairs at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board notes that any additional minor dimensional relief may be granted, pursuant to the modification process, by the Newport Fire Marshals Office. 
5.	It is the understanding and direction of the Board that the Owner shall correct the handrail issue in the reconstructed rear egress stairway.  As outlined in Item 1 above, the Board notes that the Owner shall develop a plan of action with the Newport Fire Marshals Office, addressing the handrail requirements for the historical Main Staircase and return to the Board if necessary. 
6.	The Board hereby grants a variance in order to allow the Owner not to provide the historical Main Staircase with an approved one (1) hour enclosure.  As outlined in Item 1 above, the Board notes that the Owner plans to correct the remaining portion of Deficiency 6 by reconstructing the rear egress staircase, addressing the mechanical penetrations, and providing the rear staircase with approved one (1) hour fire rating at the direction and to the satisfaction of the Newport Fire Marshals Office.  
7.	It is the understanding and direction of the Board that the Owner shall correct Deficiency 7 by redesigning the rear exit staircase to accommodate one half () of the projected occupant load and by further re-swinging and providing approved panic hardware on the exit door on the east side of the building at the direction and to the satisfaction of the Newport Fire Marshals Office.
8.	It is the understanding of the Board that the Owner shall correct Deficiency 8 by providing this facility with the required emergency lighting, at the direction and to the satisfaction of the Newport Fire Marshals Office.
9.	It is the understanding of the Board that the Owner shall correct Deficiency 9 by providing this facility with approved exit signage, at the direction and to the satisfaction of the Newport Fire Marshals Office.
10.	The Board hereby grants a variance from the provisions of RILSC 101, Sections 13.3.1 and 8.6 in order to allow the Owner to maintain the cited Main Staircase as a sprinkled vertical opening.  The Board notes that the Owner shall correct the remainder of this deficiency by reconstructing and properly enclosing the cited rear staircase.
11.	During the June 25, 2013 hearing on this matter, the Board was advised by the parties that the interior finish of the walls and ceilings have now been determined to maintain a Class B rating.  Accordingly, the Board finds Deficiency 11 to be moot.
12.	It is the understanding of the Board that the Owner shall correct Deficiency 12 by providing this facility with a new compliant alarm system installed at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board notes that approved and monitored sprinkler heads may provide substitute heat detection for the fire alarm system. 
13.	During the June 25, 2013 hearing on this matter, the Board was advised that a primary concern of the Owner and her representative was the preservation of four (4) historically significant rooms located on the second level of this facility.  The Board finds that these rooms are identified on the submitted floor plan as the Dining Room and Music Room located in the northwest corner of the second floor, along with the Master Bedroom and Madams Bedroom located in the northeast corner of the second floor. 
The Board finds that the historically ornate features of the above rooms would be impacted by the installation of sprinkler coverage.  The Board further finds that Owners representative has advised that these historically significant rooms comprise only five and one half (5) percent of the total square footage of this facility and that these rooms will be roped off and not entered by the general public during tours and/or events.  The Board further finds that the Owner and her representative will provide additional, non-intrusive fire detection in these four historically-significant rooms if granted relief for these areas.  The Board finds that the Newport Fire Marshals Office supports the requested relief in view of the historical significance of these rooms and the additional safeguards proposed by the Owners representative. 
In light of the above, the Board hereby grants a variance from the provisions of RILSC, Sections 13.3.5.1 and 9.7.1.1(1), along with their referenced standards in order to allow the Applicant not to provide the Dining Room and Music Room located on the northwest side of the second floor, along with the Master Bedroom and Madams Bedroom located on the northeast side of the second floor, with sprinkler coverage.  In granting this relief, the Board directs the Owner to provide these four (4) rooms with the additional safeguards proposed by the Owners representative, as outlined above, at the direction and to the satisfaction of the Newport Fire Marshals Office.   
The Board further grants the Owner a time variance of one (1) year from the mailing date of this Decision in which to complete the remaining sprinkler coverage throughout this facility.  Finally, the Board hereby grants a variance to allow the Owner to otherwise occupy this facility, in the absence of completed sprinkler coverage, during the above time frame, provided that the maximum assembly occupant load shall be limited to two hundred ninety-nine (299) people, at the direction and to the satisfaction of the Newport Fire Marshals Office.  Again, this file shall be left open for additional review if necessary.
14.	It is the understanding of the Board that Owner shall correct Deficiency 14 by addressing the electrical issues with the Newport Electrical Inspector. 
15.	It is the understanding and direction of the Board that the Owner shall properly treat or replace the large wall hangings at the direction and to the satisfaction of the Newport Fire Marshals Office.  Again, if the Owner wishes to seek relief from treating one or more wall hangings or comparable items, the Owner may return to the Board.
16.	It is the understanding of the Board that the Owner shall correct Deficiency 16 by securing properly trained and approved crowd managers prior to utilizing this facility for assembly occupancy. 
17.	The Board hereby directs the Owner to properly post occupancy load signs generated for this facility by the Newport Fire Marshals Office before and after the installation of sprinkler coverage.  Specifically, the occupancy of this facility shall have a maximum of two hundred ninety-nine (299) people during the one-year time variance for sprinkler coverage.  Once the sprinkler coverage is provided, the Newport Fire Marshals Office shall re-calculate and certify the new maximum occupancy to be posted by the Owner. 

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)].