The above-captioned case was scheduled for hearing on October 3, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Coutu, Wahlberg, Newbrook, O'Connell, Filippi, Burlingame and Pearson 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 Newbrook and seconded by Commissioner Pearson 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 an April 14, 2000 inspection report complied by the Newport Fire Marshal’s Office.  The above inspection report was utilized by the Board, the Applicant and the Newport Fire Marshal’s Office during the October 3, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the April 14, 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 section 23-28.17-2 in order to allow the Applicant to maintain existing egress of this facility, as modified herein.  This variances granted on the basis of structural hardship and in light of the Applicant’s agreement to provide this facility with approved fire alarm system as outlined in item 9 below.

2(a). The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain the existing rating of the cited stairwells of this facility.

2(b). The Board directs the Applicant to correct deficiency 2(b), by providing this facility with approved handrails, at the direction and to the satisfaction of the Newport Fire Marshal, within 120 days of the date of this decision.  

2(c). The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain existing dimension of the rear stairway risers within this facility.

2(d). The Board hereby directs the Applicant to correct deficiency 2(d), at the direction and to the satisfaction of the Newport Fire Marshal, within 120 days of the date of this decision.

3(a). The Board hereby grants a variance from the provisions of section 23-28.17-5 in order to allow the Applicant to maintain existing swing of the cited main egress door of this facility.

3(b). The Board hereby grants a variance from the provisions of section 23-28.17-5 in order to allow the Applicant to provide the cited doors with approved spring-loaded hinges installed at the direction and to the satisfaction of the Newport Fire Marshal, within 120 days of the date this decision.

3(c). The Board hereby grants a variance from the provisions of section 23-28.17-5 in order to allow the Applicant to maintain the existing width of the cited door in the rear stairway of this facility.

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

5. The Board hereby directs the Applicant to correct deficiency 5 by providing this facility with approved Class A exit signs, installed at the direction and to the satisfaction of the Newport Fire Marshal, within 120 days of the date of this decision.

6. It is the understanding of the Board that deficiency 6 is grandfathered and not being requested by the Newport Fire Marshal.

7. The Board hereby grants the Applicant a variance, from the provisions of section 23-28.17-12, and NFPA standard 10, 1988 edition, in order to provide each apartment unit of this facility with an approved fire extinguisher.  In granting this variance, the Board gives the Applicant an option of either complying with NFPA standard 10 or providing each apartment unit with an approved extinguisher.  In any event, this facility shall be equipped with fire extinguishers within 15 days of the date of this decision.

8. It is the understanding of the Board that deficiency 8 is grandfathered and not being requested by the Newport fire Marshal.

9. As a condition of the variances granted herein, the Board hereby 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 are designee, in accordance with the provisions of section 23-28.25-4(a), within 120 days of the date 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)].