The above captioned case was scheduled for hearing on August 27, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, Newbrook, Evans, Preiss, and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal John McDermott of the Newport Fire Marshals Office.  A motion was made by Commissioner Evans and seconded by Commissioner Burlingame 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 June 6, 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 August 27, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the June 6, 2002 inspection report as its initial findings of fact.  Any modification of the Boards 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.
	
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 systems of this as modified herein.  In granting this variance, it is the understanding of the Board that the Applicant has agreed to provide this facility with an approved fire alarm system as outlined in item 8 below.
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 fire escapes on this facility and to further access the fire escapes through bedrooms.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.  This is also granted pursuant to the Applicants agreement to provide this facility with an approved fire alarm system as outlined in item 8 below.
3.	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, configuration, and rating of the cited stairway system of this facility as modified herein.  In granting this variance, the Board notes that the Applicant has agreed to provide this facility with an approved fire alarm system as outlined in item 8 below.
4.	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 door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with approved spring-loaded hinges and installed to the satisfaction of the Newport Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.  Finally, the Board grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to maintain the existing swing of cited exit doors leading to the exterior of this facility.  The above variances are contingent upon the Applicants providing this facility with an approved fire alarm system as outlined in item 8 below.
5.	The Board hereby directs the Applicant to correct deficiency 5 by providing this facility with approved fire-stopping, as far as practicable, 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.	As a condition of the Variances granted herein, the Board hereby directs the Applicant to provide this facility with approved group type A externally illuminated (metal or paper) exit signs, 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.
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 apartments units of this facility with an approved fire extinguisher, 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 facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Newport Fire Marshal or designee, in accordance with the provisions of Section 23-28.16-6 and the most recent fire alarm amendments to the code, 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)].