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 Coutu 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 January 3, 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 September 23, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the January 3, 2003 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 23-28.17-2 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 there shall be limited occupancy of the upper floors of this facility by only the building owner and his employees.  Accordingly, the above variance is predicated upon the Applicant’s maintaining the current use of the upper level.
	
2.  The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain the stairways of this facility as modified herein.  In granting this variance, the Board again notes that there shall be limited use of the upper levels of this facility and that the Applicant has received relief to maintain the existing plaster construction and existing width of the cited stairs.
	
3.  The Board hereby directs the Applicant to correct deficiency #3 at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.
	
4.  The Board hereby directs the Applicant to correct deficiency #4 by providing this facility with approved fire stopping at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.
	
5.  It is the understanding of the Board that the Applicant has corrected deficiency #5 by completing the emergency lighting system within this facility.
	
6.  The Board hereby directs the Applicant to correct deficiency #6 by properly mounting the kitchen fire extinguishers in accordance with NFPA Standard 10 within 120 days of the date of this decision.
	
7.  It is the understanding of the Board that the Applicant has provided this facility with an approved local fire alarm system.  Accordingly, as a condition of the variances granted herein, the above fire alarm system shall be deemed required for purposes of maintenance.
	
8.  The Board hereby grants a variance from the provisions of sections 23-28.9-1 and 2 in order to allow the Applicant to maintain the existing oil-fired heating system unenclosed.  In granting this variance, the Board directs the Applicant to provide an approved domestically supplied sprinkler head over the boiler.  The Board further directs the Applicant to properly protect the oil supply on the floor of the basement within proximity of the oil burner.  The above protection shall be done immediately at the direction and to the satisfaction of the Newport Fire Marshal’s office.
	
9.  The Board hereby grants a variance from the provisions of section 23-28.9-3 in order to allow the Applicant to maintain the cited oil burner unenclosed with an approved domestically supplied sprinkler head.  (See item #8 above.)
	
10.  The Board hereby directs the Applicant to correct deficiency #10 by bringing the chimneys and flues of this facility into compliance with the cited provisions, at the direction and to the satisfaction of the Newport Fire Marshal, within 120 days of the date of this decision.
	
11.  The Board hereby directs the Applicant to correct deficiency #11 by properly protecting the cooking appliances within this facility at the direction and to the satisfaction of the Newport Fire Marshal’s office in accordance with NFPA Standard 96 within 120 days of the date of this decision.  The above directive and all other mandates of the Board in this case are the conditions upon which the variances are granted herein.

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)].