The above-captioned case was scheduled for hearing on September 23, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Pearson, Coutu 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 Wahlberg and seconded by Commissioner Newbrook 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 September 2, 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 September 23, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the September 2, 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 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 #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 a fire escape access route through the bedrooms of this facility.  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.  
	
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 and dimension of the cited stairways within this facility.  This variance is granted on the basis of structural hardship.  The Board further grants a variance in order to allow the Applicant to maintain winding stairs within the existing stairwell of this facility.  This variance is also 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 cited doors leading to the exterior of this facility.  The Board further grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the existing system 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 spring loaded hinges installed at the direction and to the satisfaction of the Newport Fire Marshal within sixty (60) days of the date of this decision.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by providing this facility with approved fire stopping installed at the direction and to the satisfaction of the Newport Fire Marshal, within sixty (60) days of the date of this decision.
	
6.  It is the understanding of the Board that deficiency #6 is grandfathered and not being requested as a condition of the variances granted by the Newport Fire Marshal’s office.  However, the Board directs the Applicant to provide this facility, as a condition of the variances granted, with an approved system of 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, if these lights are not already installed.
	
7.  The Board hereby grants the Applicant an optional 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 of the date of this decision.
	
8.  It is the understanding of the Board that the Applicant has provided this facility with an approved fire alarm system.  Accordingly, as a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the above fire alarm system as a required system.
	
9.  With regard to the heating system of this facility, the Board hereby directs the Applicant to provide an approved domestically supplied sprinkler head over the central heating unit and to further provide this unit with an approved remote shut off switch installed 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)].

Decision mailed on 1-14-04.