The above-captioned case was scheduled for hearing on January 9, 2001 at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Newbrook, O’Connell, Evans, Filippi, Coutu and Richard 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 Richard and seconded by Commissioner Wahlberg 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 June 1, 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  January 9, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the June 1, 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 23-28.16-2 in order to allow the Applicant to maintain the existing non-rated unenclosed stairs of 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 as outlined in item 7 below.

2. The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain the existing dimensions of the cited egress passageways.  In granting this variance, on the basis of structural hardship, it is the understanding of the Board that the Newport Fire Marshal's office has no objection.

3. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing dimensions and rating of the cited stairwells within this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Newport Fire Marshal's office has no objection.

4. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the existing swing of the cited ground level exit doors of this building and to further allow the Applicant to provide the existing door jambs of this facility with approved metal doors equipped with spring loaded hinges.  The above 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.

5. The Board hereby directs the Applicant to correct deficiency 5, 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 of this decision.

6. As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved group-type A externally illuminated exit signs installed at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

7. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system installed, in accordance with the provisions of section 23-28.25-4(a), at the direction and to the satisfaction of the Newport Fire Marshal 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)].