The above-captioned case was scheduled for hearing on September 19, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Coutu, O'Connell, Pearson, Richard, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal John G. Linacre, Jr.of the Kingston Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond, in sequence,  with those of a March 22, 2000 inspection report compiled by the Kingston Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Kingston Fire Marshal’s Office during the  September 19, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the March 22, 2000 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. It is the understanding of direction of the Board that the Applicant correct deficiency one by providing this facility with approved key box, installed at the direction and to the satisfaction of the Kingston Fire district.

2. Pursuant to the recommendation of the Kingston Fire Marshal, the Board hereby grants a variance from the provisions of section 23-28.14-13 in order to allow the Applicant to maintain a Class A Fire Alarm System, in lieu of sprinkler coverage, within this facility.  In granting this variance, the Board notes the extremely close proximity of the Applicant’s facility to the Kingston Fire station. In granting this variance, the Board further directs that the third floor of this facility shall be sealed off, and unoccupied, until the Applicant provides this area with approved fire escape system, installed at the direction and to the satisfaction of the Kingston Fire Marshal, before occupancy of the third level.

3. It is the understanding and direction of the Board that the Applicant shall provide the bedrooms of this facility with approved, single station, AC smoke detectors, installed at the direction and to the satisfaction of the Kingston Fire Marshal, within 120 days of the date of this decision.

4. The Board hereby grants a variance from the provisions of section 4 -1.5, in order to allow the Applicant to maintain the existing swing of the cited the egress doors leading from this facility

5. The Board hereby directs the Applicant to correct deficiency 5 by providing this facility with approved exit signage, installed at the direction and to the satisfaction of the Kingston Fire Marshal, within 120 days of the date of this decision.

6. The Board hereby grants a variance from the provisions of section 4-1.9, in order to allow the Applicant to provide the cited doors, requiring self-closing devices, with approved spring loaded hinges, installed at the direction and to the satisfaction of the Kingston Fire Marshal, within 120 days of the date of this decision.

7. The Board hereby directs the Applicant to correct deficiency 7 by providing the kitchen of this facility with an approved portable fire extinguisher, at the direction and to the satisfaction of the Kingston Fire Marshal, within 15 days of the date of this decision.

8. As outlined in item 2 above, the Board directs the Applicant to correct deficiency number 8, at the direction and to the satisfaction of the Kingston Fire Marshal, before occupancy of the third floor.

9. The Board hereby grants a variance, from the provisions of section 21-2.3, in order to allow the Applicant to arrange the egress of this facility, to provide the best means of escape, at the direction and to satisfaction the Kingston Fire Marshal's office, within 120 days of the date of this decision.

10. The Board hereby grants a variance from the provisions of section 21-2.4.6 in order to allow the Applicant to maintain the existing, approved locks on the 5 exit doors of the ground floor of this facility as well as the doors in the private residence within this facility.  In granting this variance, is the understanding of the Board that the Kingston Fire Marshal's office has no objection.

11. The Board hereby grants a variance from the provisions of section 21-2.5.1 in order to allow the Applicant to maintain the current stair dimensions of the existing stairways within this facility.  In granting this variance of the basis of structural hardship, it is the understanding of the Board that the Kingston Fire Marshal's office has no objection.

12. The Board hereby grants a variance from the provisions of section 21-2.6 in order to allow the Applicant to maintain the existing dimension of the cited hallway on the third floor of this facility.  In granting this variance, the Board notes that the third floor egress system must be corrected, to the satisfaction of the Kingston Fire Marshal, before occupancy.

13. The Board hereby grants a variance from the provisions of section 23.1.1 in order to allow the Applicant to either sprinkler the cited six panel doors or provide the existing door jambs with approved solid core wood doors. The Applicant shall effect the above corrections at the direction and to the satisfaction of the Kingston Fire Marshal within 120 days of the date of this decision.

14. It is the understanding of the Board that the Applicant has corrected deficiency 14 at the direction and to the satisfaction of the Kingston Fire Marshal.

15. The Board hereby grants a variance from the provisions of section 23.3.4 in order to allow the Applicant to provide the cited doors with approved spring loaded hinges installed at the direction and to the satisfaction of the Kingston Fire Marshal within 120 days of the date of this decision.

16. The Board hereby grants a variance from the provisions of section 20-3.5.2 pursuant to the Applicant's agreement to provide this facility with approved Class A fire alarm system, installed at the direction and to the satisfaction of the Kingston Fire Marshal or designee, in accordance with the provisions of section 23-28.25-4 (b), 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)].

This decision was mailed on 11-01-00.