The above-captioned case was scheduled for hearing on August 1, 2000 at 1:30 P.M. At that time, Acting Chairman Richard and Commissioners Wahlberg, Newbrook, Pearson, Fang, Evans and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Leber of the Newport Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook 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 23, 2000 inspection report complied by the Newport Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshal’s Office during the August 1, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the March 23, 2000 inspection report as its initial findings of fact.  Any modification of the Board’s 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of Rhode Island General Law section 23-28.16-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein.

2(a). The Board hereby grants a variance from the provisions of Rhode Island General Law section 23-28.16-5 in order to allow the Applicant to maintain the existing construction, configuration and rating of the cited stairwells within this facility.  In granting this variance, 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.

2(b). The Board hereby grants a variance from the provisions of Rhode Island General Law section 23-28.16-5 in our to allow the Applicant to maintain the existing stairwells without landings at the top.  In granting this variance, on the basis of structural hardship, it is the understanding of the Board the Newport Fire Marshal has no objection.

3(a). The Board hereby grants a variance from the provisions of Rhode Island General Law section 23-28.16-6 in order to allow the Applicant to maintain the existing swing of the cited exit doors leading from this building.

3(b). The Board hereby grants a variance from the provisions of Rhode Island General Law section 23-28.16-6 in order to allow the Applicant to provide the cited apartment doors with the approved spring loaded hinges.  The above hinges shall be installed at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

3(c). The Board hereby grants a variance from the provisions of Rhode Island General Law section 23-28.16-6 in order to allow the Applicant to provide the existing cited apartment door jambs with approved solid core wood doors to maintaining an approximate fire rating of twenty minutes.  The above solid core doors shall be installed at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

4. The Board hereby directs the Applicant to correct deficiency 4 by fire stopping this facility, at the direction and to the satisfaction of the Newport Fire Marshal, within 120 days of the date of this decision.

5. The Board by directs the applicant to correct deficiency 5, at the direction and to the satisfaction of the Newport Fire Marshal, within 120 days of the date of this decision.

6. The Board by grants a variance from the provisions of Rhode Island General Law section 23-28.16-13 and NFPA standard 10, 1988 edition, in our to allow the Applicant to provide each of the apartment units in this facility with approved fire extinguishers.  The above extinguishers shall be installed at the direction and to the satisfaction of the Newport Fire Marshal.

7. As a condition of the variances granted herein, the Board by 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, in accordance with the provisions of Rhode Island General Law 23-28.25-4(a), within 120 days of the date of this decision.

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 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. (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 Board’s 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 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 [R.I.G.L. 42-35-15(c)].