The above captioned case was scheduled for hearing on April 30, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, Coutu, Pearson, Burlingame, Richard, Newbrook, and Evans were present.  The fire service was represented by the Newport Fire Marshals Office.  A motion was made by Commissioner Evans and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The number of the Decision below corresponds with those of a December 4, 2001 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, then Applicant and the Newport Fire Marshals Office during the April 30, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the December 4, 2001 inspection report as its initial findings of fact.
	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.	This matter was previously before the Board and a written Decision was rendered on November 24, 1993 in File No.: 930128.  The Decision indicates that the upper floors of this facility shall not be utilized during public assembly functions.  The Applicant has now returned to the Board to request to maintain the original variances granted and to utilize the rear stairway from the basement to the attic of this facility for a guided tour limited to twelve (12) people at a time.  It is the understanding of the Board that the Newport Fire Marshal has no objection in light of the above limitation and the fact that the Applicant has agreed to provide sprinkler system coverage in the rear stairwell to cover the one (1) exit from the attic to the basement.  The Board hereby grants a variance from the provisions of Section 23-28.6-6 in order to allow the Applicant to maintain guided tours limited to twelve (12) people covering the attic and basement areas of this facility.  In granting this variance, the Board directs the Applicant to provide the staircase between the attic and basement with an approved sprinkler system.  The Board further directs the Applicant to ensure that the groups of people are always under the control and direction of the groups guide.
	2.	A&B.  The Board hereby grants a variance from the provisions of Section 23-28.6-7 in order to allow the Applicant to maintain the existing travel distance in the basement and attic of this facility and to further allow the Applicant to maintain the existing rating of the cited egress passageways.  In granting this variance, it is the understanding of the Board that the Applicant shall provide approved sprinkler coverage within the cited passageways.  In light of the above, it is the understanding of the Board that the Newport Fire Marshals Office has no objection.
	3.	The Board hereby grants a variance from the provisions of Section 23-28.6-8 in order to allow the Applicant to maintain the cited stair rail enclosure with the additional sprinkler coverage as outlined above.  The Board further grants a variance to allow the Applicant to maintain the existing doors in the rear stairwell of this facility in conjunction with the new sprinkler coverage.  The Board further grants a variance to allow the Applicant to maintain the current construction and rating of the elevator with the installation of a smoke detector at the top of the shaft in conjunction with the above sprinkler coverage.  The Board further grants a variance to allow the Applicant to maintain the closets off the stairwell.  In granting this variance, the Board directs the Applicant to provide the closet doors with approved self-closures and to sprinkler this area in accordance with the plan above.
	4.	A-D.  It is the understanding of the Board that variances covering deficiency 4A & 4B were previously granted.  The Board hereby continues the above variances.  The Board hereby directs the Applicant to provide approved self-closures on the stairway doors and to provide panic hardware where required.  These and all of the directives of the Board herein shall be compiled with before expansion of the tours given in this facility.
	5.	The Board hereby continues the cited variances granted in deficiencies 5A&B.  The Board further grants a variance from the provisions of Section 23-28.6-10 in order to allow the Applicant to maintain the existing construction, dimension and configuration of the rear stairwell of this facility.
	6.	The Board hereby directs the Applicant to correct deficiency 6 by providing this facility with approved self-luminous exit signs previously allowed by a variance in all those areas currently deemed necessary by the Newport Fire Marshals Office.
	7.	The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved emergency lighting, in the attic and in all other places determined by the by the Newport Fire Marshals Office to require such coverage.
	8.	The Board hereby directs the Applicant to correct deficiency 8 by providing this facility with approved extinguishing equipment, installed at the direction and to the satisfaction of the Newport Fire Marshal before tours are expanded within this facility.
	9.	The Board hereby continues the deficiency cited in 9A regarding wall coverings and tapestries.  The Board hereby directs the Applicant to remove the cited burlap material in the secondary stairwell, at the direction and to the satisfaction of the Newport Fire Marshal before tours are expanded within this facility.
	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 Applicants 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 Boards 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.  
	The Applicant may appeal the Boards 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)].