The above-captioned case was scheduled for hearing on May 8, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, O’Connell, Richard, Filippi, Burlingame and Evans 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 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 November 11, 2000 inspection report complied 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 May 8, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the November 11, 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(a)&(b). The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain the existing construction and rating of the egress system of this facility as modified below.  In granting this variance, the Board further directs the Applicant to provide the wood paneling, within the egress system, with approved Class-A finish at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

2(a). 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 of the cited stairways.  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 agreement to provide this facility with an approved, municipally-connected fire alarm system.

2(b). The Board hereby directs the Applicant to correct deficiency 2(b) by providing the cited stairways with additional handrails installed at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

2(c). 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 cited winding stairs within this facility. 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, municipally-connected fire alarm system.

3(a),(b),&(c).	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 exit doors at the ground level of this facility.  The Board further grants a variance from the above provisions in order to allow the Applicant to provide the existing apartment door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty minutes.  The above door shall be further equipped with spring loaded hinges and installed 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, as deemed necessary by the Newport Fire Marshal, within 120 days of the date of this decision.

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

6. The Board hereby directs the Applicant to correct deficiency 6 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the Newport Fire Marshal within 120 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 to provide each of the apartment units of this facility with an approved fire extinguisher installed at the direction and to the satisfaction of the Newport Fire Marshal within 15 days of the date of this decision.

8. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with a properly engineered system of sprinkler heads covering the common use areas, the boiler room, the businesses and storage areas of this facility.  If the above sprinkler heads can be properly engineered utilizing the domestic water supply, the system would be acceptable to the Board.  However, if the Applicant is unable to receive approval, on a domestically-supplied system, by a licensed Rhode Island Engineer, the above system shall be supplied directly from the public water main.  Specifically, the above system shall cover the first level, the boiler room, the stairs and halls and be installed at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision. 

9. As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 9 by providing this facility with approved municipally connected fire alarm system, and separate smoke detector system, installed at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

10. The Board hereby grants a variance from the provisions of section 23-28.9-2 in order to allow the Applicant to maintain the existing boiler room enclosure.  As a condition of this variance, the Board directs the Applicant to provide the boiler room area with approved sprinkler coverage as outlined in item eight above.  The Board further directs the Applicant to provide the boiler with an approved remote shutoff switch installed to the satisfaction of the Newport Fire Marshal.

11. The Board hereby directs the Applicant to correct deficiency 11 by providing the furnace enclosure with an approved solid core wood door maintaining approximate fire rating of twenty minutes.  The above door shall be further protected by sprinkler heads installed at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.  As an alternative, the Applicant may comply with the code requirements for a boiler room door during the same time period.

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 5-23-01.