The above-captioned case was scheduled for hearing on August 19, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Coutu, Burlingame and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal  Michael Leber of the Newport Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu 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 a November 12, 2002 inspection report compiled by the Newport Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshal’s Office during the July 29, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the November 12, 2002 inspection report as its initial findings of fact.  Any modification of the Board’s 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 existing egress system of this facility as modified herein.  In granting this variance, it is the understanding of the Board that the Newport Fire Marshal’s Office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system as outlined in item #9 below.
	
2. The Board hereby grants a variance from the provisions of section 23-28.16-3  in order to allow the Applicant to access the fire escape of this facility through an existing 23 inch door.  The Board hereby directs the Applicant to modify the fire escape system of this facility by either providing an approved metal grate across the combustible roof or by providing a separated approved outside stairway for use as a fire escape.. Either option selected by the Applicant shall be completed within 120 days of the date of this decision and shall be completed further to the satisfaction and the direction of the Newport Fire Marshal and the Newport Building Official.
	
3. The Board hereby directs the Applicant to correct deficiency #3 by replacing the cited transoms at the direction and to the satisfaction of Newport Fire Marshal or shielding it over with 5/8 inch sheet rock at the direction and to the satisfaction of Newport Fire Marshal’s Office.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to correct this deficiency.
	
4. 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 wall construction of the egress system of this facility.  In granting this variance, it is the understanding of the Board that there is no wainscoting within the egress system of this facility and that the Newport Fire Marshal’s Office has determined that the walls are in good repair and good construction.
	
5. a, b, c and  d. 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 door swing in the exits at the ground level of this facility.  The Board hereby grants a variance from the above provisions in order to allow the Applicant to provide each of the apartment door jambs of this facility with approved solid core wood doors further equipped with spring loaded hinges at the direction and to the satisfaction of the Newport Fire Marshal’s Office within 120 days of the date of this decision.  Finally, the Board directs the Applicant to replace the cited door with glass panels with an approved solid core wood door at the direction and to the satisfaction of the Newport Fire Marshal’s Office within 120 days of the date of this decision.  The above doors shall be equipped with an approved spring loaded hinge. 
	
6. The Board hereby directs the Applicant to correct deficiency #6 by providing this facility with an approved fire stopping at the direction and to the satisfaction of the Newport Fire Marshal, within 120 days of the date of this decision.
	
7. The Board hereby grants a variance from the provisions of section 23-28.16-11 in order to allow the Applicant to utilize approved group type “A” metal exit signs within this facility.  The Board further 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 120 days of 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 the individual apartments of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Newport Fire Marshal’s Office within 15 days of 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 and smoke detector system installed at the direction and to the satisfaction of the Newport Fire Marshal, within 120 days of the date of this decision.
	
10. During the August 19, 2003 hearing on this matter, the Board was advised that the boiler of this facility was unenclosed and lacked a remote shut off switch.  Accordingly, the Board hereby directs the Applicant to provide the boiler with an approved domestic sprinkler head and to further provide an approved remote switch for the boiler, both at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

STATUS OF DECISION AND APPEAL RIGHTS
	
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. (See:  Board Rules and Regulations, section 6-2-17).
	
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.  (See: Board Rules and Regulations, section 6-2-18.)  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.  (See: Board Rules and Regulations, section 6-2-19).  

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 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.  (See: Board Rules and Regulations, section 6-2-20).
	
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 [R.I.G.L. 42-35-15(c)].