The above-captioned case was scheduled for hearing on October 8, 2013 at 1:00 P.M.  At that time, Acting Chairperson Filippi and Commissioners Pearson, Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  Commissioner Booth recused himself from consideration of this case.  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 Richard 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 both a June 13, 2013 inspection report compiled by the Newport Fire Marshals Office along with a September 1, 2013 plan of action developed by the Applicants consultant, MWL Consulting Company.  The above report and plan of action were utilized by the Board, the Applicant and the Newport Fire Marshals Office during the October 8, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the June 13, 2013 inspection report along with the September 1, 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. 
	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).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to correct deficiency 1 by refurbishing the fire escape system of this facility as outlined in the Applicants plan of action.  The Board hereby authorizes the Newport Fire Marshals Office to extend the above timeline for good faith efforts being demonstrated by the Applicant.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 and that it is currently moot.
	3.  The Board hereby grants a variance in order to allow the Applicant to correct deficiency 3 at the direction and to the satisfaction of the Newport Fire Marshals Office with any additional safeguards deemed necessary by that Office.  In granting this relief, it is the understanding of the Board that the Newport Fire Marshals Office has no objection.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing guards at thirty-two (32) inches in height.  In granting this relief, it is the understanding of the Board that the Newport Fire Marshals Office has no objection due to existing conditions and structural hardship.
	5.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing exit remoteness on the basis of structural hardship.  In granting this relief, it is the understanding of the Board that the Newport Fire Marshals Office has no objection.
	6.  The Board hereby grants a variance in order to allow the Applicant to provide the cited stairwell with an approved smoke draft stop system by an approved design professional, at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board further grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action for the correction of deficiency 6.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action by providing the approved smoke draft stop around the stairwell of this facility.  
	7.  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to correct deficiency 7 to install a rated door to the satisfaction of the Newport Fire Marshal.
	8.  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to correct deficiency 8 by providing Class A intumescent paint to the cited paneling or to remove the paneling at the direction and to the satisfaction of the Newport Fire Marshals Office.
	9.  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to provide this facility with an approved radio master box, installed at the direction and to the satisfaction of the Newport Fire Marshals Office.
	10.  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to correct deficiency 10 by providing this facility with an approved fire alarm system.
	11.  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to allow the Applicant to provide this facility with an approved system of smoke detection installed at the direction and to the satisfaction of the Newport Fire Marshals Office.
	12.  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to allow the Applicant to provide this facility with approved carbon monoxide detection installed at the direction and to the satisfaction of the Newport Fire Marshals Office.
	13.  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to correct deficiency 13 by providing the apartment door jambs with approved doors with an approximate rating of twenty (20) minutes, installed at the direction and to the satisfaction of the Newport Fire Marshals Office.
	14.  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to provide the apartment doors with approved self-closers.
	15.  The Board hereby grants a variance in order to allow the Applicant to paint the cited panels with an approved Class A intumescent paint or to cover with a protective material, at the direction and to the satisfaction of the Newport Fire Marshals Office within the timetable established in item 6 above.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 by providing the dryer with the required gas valve.
	17.  The Board hereby directs the Applicant to correct deficiency 17 by distributing emergency plans at the direction and to the satisfaction of the Newport Fire Marshals Office within the timetable outlined in item 6 above.
	18.  The Board hereby directs the Applicant to correct deficiency 18 by providing this facility with an approved key access box within the timetable outlined in item 6 above.
	19.  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to repair the exit signage throughout this facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board notes that all of the items relying on the timetable outlined in item 6 above may be further extended by the Newport Fire Marshals Office for demonstrated good faith by the Applicant.

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)].