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, Richard, 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 Newbrook and seconded by Commissioner Richard 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 June 28, 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 29, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the June 28, 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.	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 cited stairwells within this facility.
2.	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 of this facility 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.  The window through which access is achieved shall be of proper size and maintained in good working order.
3.	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 construction and rating of the cited stairwells within this facility.
	B.  The Board hereby directs the Applicant to correct deficiency 3B, by bringing the front stairwell at the third level to the landing into compliance with the handrail requirements.
	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 and winding nature of the front stairwells within this facility.
4.	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 entrance door into the building.
	B.  The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to provide the cited apartment doors with either the required approved self-closures or with UL approved 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.
	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 egress system door jambs of this facility with approved solid core wood doors with an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring-loaded hinges and 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.
5.	The Board hereby directs the Applicant to correct deficiency 5, by repairing and replacing the fire stopping as needed, at the direction and to the satisfaction of the Newport Fire Marshals Office.  When the Newport Fire Marshals Office is satisfied that the accessible fire stopping has been replaced, the Board shall also be satisfied.
6.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved Class A metal exit signs which may be illuminated by the emergency lighting to be installed by the Applicant in accordance with item 9 below.
7.	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.
8.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this entire 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.
9.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting, 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.

	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)].