The above-captioned case was scheduled for hearing on December 3, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Jackson, Thornton, 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 Thornton and seconded by Commissioner Richard 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 a March 8, 2013 inspection report compiled by the Newport Fire Marshals Office along with a November 26, 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 December 3, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the March 8, 2013 inspection report along with the November 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. 
	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 thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of deficiency 1 as outlined herein.  The Board further grants the Applicant an additional 150 days to implement the above plan of action, at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board notes that the above plan of action shall include the upgrade of the radio box and compliance with most of the items listed on the fire alarm worksheet developed by the parties.  The Board hereby grants a variance to allow the Applicant and the Newport Fire Marshals Office to determine those historically significant areas where the installation of heat detection, smoke detection and/or notification devices would potentially damage the decorative ceilings and/or walls of this facility.  The parties are further directed to develop a plan of action for all of the unoccupied areas of this facility that are not utilized in tours, in order to provide these areas with appropriate detection, at the direction and to the satisfaction of the Newport Fire Marshals Office.  This file shall be held open to allow the parties to return in the event any questions arise as to the nature and scope of the above variance and directed plan of action.
	2.  The Board hereby grants a variance in order to allow the Applicant to cap the interior occupant load of this facility at 299 persons except for special events, at the direction and to the satisfaction of the Newport Fire Marshals Office.  It is the understanding of the Board that generally the expansion of occupancy shall be limited to outside areas except where approved by the Newport Fire Marshals Office.  Accordingly, the Board has determined that this facility shall not be required to be sprinklered.  Finally, the Board notes that the Newport Fire Marshals Office has no objection to this relief.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	4.  The Board hereby directs the Applicant to correct deficiency 4 when it is determined by the Applicant and the Newport Fire Marshals Office that compliance with these provisions would not damage the historical materials within this facility.  Specifically, the Board hereby grants a variance in order to allow the Applicant to be exempted from treating historically significant materials with fire retardant, where it is determined that fire retardant may damage this material.  In the event the parties are unable to agree as to what materials are exempted from fire retardant, the parties may return to the Board for further review.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 at the direction and to the satisfaction of the Newport Fire Marshals Office.
	6.  The Board hereby directs the applicant to correct deficiency 6 by providing this facility with emergency lighting, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved exit signage, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing this facility with approved fire extinguishers and mounting the same throughout this facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	9.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing travel distance outlined in item 9.  In granting this relief, it is the understanding of the Board that the exit at the end of the second floor corridor has been opened up to allow egress and will have an exit sign added, with the provision that it is utilized for emergency use only, given the security concerns and controls of access to private areas of the building.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by removing all obstructions from in front of the electrical panels.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by repairing the cited emergency lighting at the direction and to the satisfaction of the Newport Fire Marshals Office.
	12.  The Board hereby grants relief in order to allow the Applicant to maintain the open main grand stairway of this facility and to maintain the additional cited vertical openings with the safeguards outlined herein.  Specifically, the Board is directing the applicant to provide approved self-closers with magnetic hold-open devices at the servants stairs, at the direction and to the satisfaction of the Newport Fire Marshals Office, and to further allow for the original interior finish, such as wainscoting, in the egress areas and stairwells to remain.
	13.  The Board hereby directs the applicant to correct deficiency 13 by providing the caretakers apartments with an approved carbon monoxide detector.  In addition, the Board notes that mini horns and smoke detectors will also be installed, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by certifying crowd management for this facility.
	15.  It is the understanding of the Board that the Applicant has corrected deficiency 15 by providing the boiler of this facility with an approved remote shut-off switch.
	16.  The Board hereby grants the Applicant an overall time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of all of the above deficiencies to be corrected by the Applicant.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action, at the direction and to the satisfaction of the Newport Fire Marshals 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)].