The above captioned case was scheduled for hearing on September l8, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Richard, O’Connell, Newbrook, Pearson, Coutu, and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Leber of the Newport Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
		
The numbers of the Decision below correspond with those of a June 13, 200l inspection report compiled by the Newport Fire Marshal’s Office.  The above report was utilized by the Board the Applicant and the Newport Marshal’s Office during the September l8, 2001 hearing on this matter.  The Board hereby incorporates the June 13, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s finds 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.l-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 egress system within this facility as modified herein.  This variance is granted on the basis of structural hardship and in light of the Applicant’s agreement to provide this facility with an approved fire alarm system as outlined in item #8 below.  Finally, the Board directs the Applicant to provide the cited wood paneling with an approved Class “A” finish, installed at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (l20) days of the date of this Decision.

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 construction, configuration and dimension of the cited egress passageways.  This variance is granted on the basis of structural hardship and in the absence of an objection by the Newport Fire Marshal.

3.	A.  The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing rating of the cited stairwells.  In granting this variance, the Board directs the Applicant to provide a Class “A” finish on the paneling within the stairwells, within one hundred and twenty (l20) days from the date of this Decision.

B.  The Board hereby directs the Applicant to correct deficiency #3B by providing the cited stairwells with two (2) approved handrails.  The above handrails shall be installed at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

C. The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing dimension of the landing on the front stairwell south of this facility.

D. The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the cited winding stair treads within the northwest stairwell of this facility.

4.	A.  The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to maintain the existing swing of the cited egress doors of this facility.  

B. The Board hereby grants a variance from the provisions of Section 23-28.l6-6(b) in order to allow the Applicant to provide the cited apartment doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

C. The Board hereby grants a variance from the provisions of Section 23-28.l6-6(c) in order to allow the Applicant to provide the existing apartment door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be installed at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

5.	The Board hereby directs the Applicant to correct deficiency #5 by providing this facility with approved fire stopping, installed at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

6.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signs and emergency lighting, installed at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

7.	The Board hereby grants a variance from the provisions of Section 23-28.l6-l3 in order to provide the Applicant an option of either providing each of the apartment units of this facility with approved fire extinguishers or providing this facility with approved fire extinguishers in accordance with the provisions of NFPA Standard l0, l988 edition.  In any event, the above extinguishers shall be installed within fifteen (l5) days from the date of this Decision.

8.	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, in accordance with the provisions of Section 23-28.25-4(a), within one hundred and twenty (l20) days from the date of this Decision.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]