The above-captioned case was scheduled for hearing on November 25, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Evans, Filippi, Coutu, Pearson, O’Connell and Burlingame 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 Evans 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 July 21, 2003 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 November 25, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 21, 2003 inspection report as its initial findings of fact.  The Board notes that there are only two fire escapes on this building as opposed to the listed three.  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 egress system of this facility as modified herein.  In granting this variance, the Board notes 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.
	
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 bedroom windows.  In granting this variance, it is the understanding of the Board that the windows are of sufficient size.  Finally, 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 by the occupants.
	
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 rating, dimension and design and winding nature of the cited stairwell.  This variance is granted on the basis of structural hardship.
	
4.  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 door leading to the exterior of this building.  This variance is based on structural hardship.  The Board further grants a variance from the provisions of 23-28.16-6 in order to allow the Applicant to provide the existing 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 further equipped with spring loaded hinges installed at the direction and to the satisfaction of the Newport Fire Marshal.  During the November 25, 2003 hearing on this matter, the Board was advised by the Newport Fire Marshal’s office that the above doors with spring loaded hinges had in fact been installed by the Applicant.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by providing this facility with approved fire stopping, at the direction and to the satisfaction of the Newport Fire Marshal, within sixty (60) days of the date of this decision.
	
6.  The Board notes that deficiency #6 is grandfathered and not being requested as a condition of the variances by the Newport Fire Marshal’s office.  However, the Board, as a condition of the variances granted herein, 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 sixty (60) days of 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 the option of installing fire extinguishers in each of the apartment units of this facility.  In any event, the above fire extinguishers must be installed within fifteen (15) days of the date of this decision.
	
8.  It is the understanding of the Board that the Applicant has corrected deficiency #8 by providing this facility with an approved fire alarm system.  Accordingly, as a condition of the variances granted herein, the Applicant shall maintain the above fire alarm system as a required system.
	
9.  The Board hereby directs the Applicant to provide approved remote shut off switches outside of the boiler room area of this facility, at the direction and to the satisfaction of the Newport Fire Marshal, within sixty (60) 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)].