The above captioned case was scheduled and heard by the Board on October 29, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Preiss, OConnell, Filippi, Coutu, Wahlberg and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Leber of the Newport Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.
	The Decision herein is pursuant to a review of the audiotape of these proceedings.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 5, 2002 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the October 2, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the August 5, 2002 inspection report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency 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.	A.  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 construction and rating of the two- (2) egress stairwells within this facility.  In granting this variance, the Board directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Newport Fire Marshals Office.
	B.  The Board hereby grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to allow for an emergency means of egress by way of fire escape from one apartment of this facility.  In granting this variance, it is the understanding of the Board that the Newport Fire Marshals Office has no objection, in light of the Applicants agreement to provide this facility with an approved fire alarm system.
2.	A.  The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain access to the fire escape through a bedroom.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from the bedroom door through which access to the fire escape system is achieved.
3.	The Board hereby directs the Applicant to correct deficiency 3 by sealing off the transom with approved sheet rock, at the direction and to the satisfaction of the Newport Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
4.	A.  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 rating of the cited stairway walls within this facility.
	B.  The Board hereby directs the Applicant to correct deficiency 4B, by providing the cited rear stairwell with a second approved handrail, installed at the direction and to the satisfaction of the Newport Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
	C.  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 of the cited stairwells and the winding nature of the stairs within this facility.  This variance is based on structural hardship.
5.	A.  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 exit discharge doors of this facility.  This variance is granted on the basis of structural hardship.
	B.  The Board hereby directs the Applicant to correct deficiency 5B, by providing the cited apartment doors with UL approved spring-loaded hinges, installed at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
	C.  The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to provide the existing apartment and egress system 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 with the above spring-loaded hinges, at the direction and to the satisfaction of the Newport Fire Marshal within one hundred and twenty (120) days from the date of this Decision.
6.	The Board hereby directs the Applicant to correct deficiency 6, by providing this facility with approved fire stopping where required, at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board is cognoscente of the fact that the installation of some fire stopping could impose a hardship upon the Applicant.  Therefore, when the Newport Fire Marshals Office is satisfied that the Applicant has in good faith complied with this provision, the Board shall also be satisfied.
7.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signage, installed at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
8.	The Board hereby grants a variance from the provisions of Section 23-28.16-13 and NFPA Standard 10, 1988 edition in order to allow the Applicant to provide each of the apartment units of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Newport Fire Marshal, within fifteen (15) days from the date of this Decision.
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, within one hundred and twenty (120) days from the date of this Decision.
10.	The Board hereby grants a variance from the provisions of Section 23-28.9-2&3 in order to allow the Applicant to provide an approved domestically supplied sprinkler head over the boiler of this facility.  In granting this variance, the Board directs the Applicant to further provide the cited domestically supplied sprinkler head with an approved back-flow preventer and flow switch tied into the fire alarm system.
11.	During the October 29, 2002 hearing on this matter, the Board was advised that the Applicant was in agreement to provide emergency lights as part of the fire alarm package within this facility.  The above emergency lights may be installed in conjunction with Class A externally illuminated exit signs.  Accordingly, as a condition of the variances granted herein, the Board directs the Applicant to provide those portions of this facility deemed necessary by the Newport Fire Marshal with approved emergency lighting, within one hundred and twenty (120) 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 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)].