The above-captioned case was scheduled for hearing on October 17, 2000 at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Newbrook, Fang, Evans, Filippi and Coutu 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 Fang 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 an August 5, 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  October 17, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the August 5, 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.
	
Finally, the Board finds that this facility is an historic building with a third floor which had been abandoned by the Applicant.  The Applicant now wishes to reoccupy the third floor.  The Applicant has advised the Board that he will comply by providing this facility with approved NFPA 13 sprinkler system and municipally connected fire alarm system.  The Applicant wishes to maintain use of the original stairs which will be partitioned by a glass wall.  The Applicant further wishes to maintain an existing second means of egress stairway which will be protected by the sprinkler system.

CONCLUSIONS AND VARIANCE REQUESTS

1(a),(b)&(c). The Board hereby grants a variance from the provisions of section 23-28.17-2 in order to allow the Applicant to maintain the existing egress from this facility as modified herein.  In granting this variance, the Board directs the Applicant to provide the main stairs with an approved glazed smoke screen equipped with a sprinkler deluge system covering both sides.  The Board further directs the Applicant to upgrade the second staircase with fire-stopping at the direction and to the satisfaction of the Newport Fire Marshal and installation of magnetic hold open devices on the doors servicing this staircase. The above corrections shall be completed within sixty days the date of this decision. The Board further grants a variance from the above provisions to allow the Applicant to maintain the existing remoteness of the exits and the existing swing of the egress doors.  These variances are based on structural hardship.

2. The Board hereby directs the Applicant to correct deficiency 2 by removing the glass petition thereby eliminating egress travel through an office space.  The Board directs the Applicant to make the above correction within sixty days of the date of this decision.

3(a). The Board hereby directs the Applicant to correct deficiency 3(a) as outlined in item 1 above.

3(b). The Board hereby directs the Applicant to correct deficiency 3(b), by properly rating the elevator shaft, at the direction to the satisfaction of the Newport Fire Marshal, within sixty days the date of this decision.

4(a). Deficiency 4(a) previously received a variance as outlined in item 1 above.

4(b). The Board hereby directs the Applicant to correct deficiency 4(b), at the direction to the satisfaction of the Newport Fire Marshal.  As a condition of the variances granted herein, the Board further directs the Applicant to provide the cited stairway doors with approved self-closures, installed at the direction and to the satisfaction of the Newport Fire Marshal, within sixty days the date of this decision.

4(c). In light of the variances granted herein, the Board finds deficiency 4(c) to be moot.

5. The Board hereby directs the Applicant to correct deficiency 5, by providing this facility with approved exit signage, at the direction to the satisfaction of the Newport Fire Marshal, within sixty days of the date of this decision.

6. The Board hereby directs the Applicant to correct deficiency 6, by providing this facility with approved emergency lighting, at the direction to the satisfaction of the Newport Fire Marshal, within sixty 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 NFPA Standard 13 sprinkler system, installed at the direction and to the satisfaction of the Newport Fire Marshal, within sixty days of the date of this decision.	

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

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)].