The above case was scheduled for hearing on September 25, 2000 at 1:30 PM.  At that time, Chairman Farrell and Commissioners Wahlberg, O'Connell, Pearson, Richard, Burlingame, Evans in Newbrook were present.  The fire service was represented by an 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 Pearson to grant the Applicant relief as outlined herein.  The motion passed with Member Newbrook abstaining.

FINDINGS OF FACT
	
The numbers of the decision below correspond with those of a May 23, 2000 plan review report compiled by the Newport Fire Marshal's Office.  The above report was utilized by the Board, the Newport Fire Marshal's Office and the Applicant and during the September 26, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the May 23, 2000 plan review 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 REQUEST

1. The Board hereby grants a variance from the provisions of section 23-28.17-2 in order to allow the Applicant to utilize conforming fire escapes from the individual residential units of this facility.  In granting this variance, is the understanding of the Board that the Applicant has provided this facility with an approved local fire alarm system installed in accordance with the provisions of section 23-28.25-4(a).

2(a). The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain the existing construction, configuration and fire rating of the stairways within this facility.  In granting this variance, the Board directs the Applicant to provide the cited wood paneling with approved Class “A” finish, at the direction to the satisfaction of the Newport Fire Marshal, within sixty (60) days of the date this decision.

2(b). The Board directs the Applicant to correct deficiency 2(b) by providing this facility with approved handrails installed at the direction and to the satisfaction of the Newport Fire Marshal within sixty (60) days of the date this decision.  

2(c). The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant not to segregate the basement of this facility from the rest of building.  In granting this variance, it is the understanding of the Board that the basement shall be used for mechanical and storage purposes only and that it shall not otherwise be occupied.

3(a). The Board hereby grants a variance from the provisions of section 23-28.17-5 in order to allow the Applicant to maintain the existing swing of the cited ground floor doors of this facility.  In granting this variance, it is the understanding of the Board that the Newport Fire Marshal has no objection because the cited doors do not impede pedestrian traffic.

3(b). The Board hereby grants a variance from the provisions of section 23-28.17-5 in order to allow the Applicant to provide the cited apartment doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Newport Fire Marshal, within sixty (60) days of the date this decision.

4. The Board hereby grants a variance from the provisions of section 23-28.17-6 in order to allow the Applicant to maintain the existing construction and fire rating of the cited stairwells within this facility.  This variance is granted on the basis of structural hardship and in the absence of an objection by the Newport Fire Marshal.

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 hereby directs the Applicant to correct deficiency 6, by providing this facility with approved exit signs, installed at the direction to the satisfaction of the Newport Fire Marshal, within sixty (60) days of the date this decision.

7. The Board hereby directs the Applicant to correct deficiency 7, by providing this facility approved fire extinguishers, at the direction to the satisfaction of the Newport Fire Marshal, within fifteen (15) days the date of this decision.

8. It is the understanding of the Board that deficiency 8 is grandfathered and not required for this facility.

9. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system, installed in accordance with the provisions of section 23-28.25-4(a). It is the understanding of the Board that the Applicant has installed the above system within this facility.  Accordingly, the above fire alarm system shall be deemed a required system for the purposes of maintenance.

Note.  The Board notes that the remaining items on the plan review report are informational in nature.
	
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 as reviewed by the Board.

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.  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 of use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  

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 inR.I.G.L. 23-28.1-6, all of variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (Board regulations 6-2-17, 18, 19 and 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 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) and Board regulation 6-2-16 ).

This decision was mailed on 9-27-00.