The above-captioned case was scheduled for hearing on January 23, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Coutu, O'Connell, Richard, Pearson, Filippi and Burlingame 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 Pearson and seconded by Commissioner Coutu 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 June 12, 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  January 23, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the June 12, 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. 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 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 light of the Applicant’s agreement to provide this facility with 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 the existing cited tread to ceiling height.  The Newport Fire Marshal's office has no objection based on structural hardship.

3(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 stairwell walls of this facility.  In granting this variance, it is the understanding of the Board that the Newport Fire Marshal's office has no objection based on the Applicant's agreement to provide this facility with approved fire alarm system as outlined in item 8 below.

3(b). The Board hereby directs the Applicant to correct deficiency 3(b) by providing this facility with approved handrails at the direction to the satisfaction of the Newport Fire Marshal's office within 120 days of the date of this decision.

4(a). The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to re-swing only those doors determined to obstruct egress, by the Newport Fire Marshal's office, within 120 days of the date of this decision..  Specifically, those doors determined not to be hazardous to egress, by the Newport Fire Marshal, shall not have to be re-swung.

4(b). The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the apartment doors of this facility with approved spring loaded hedges, installed at the direction and to the satisfaction of the Newport Fire Marshal, within 120 days of the date of this decision.

4(c). The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide existing door jambs of this facility with approved solid core wood doors having approximate fire rating of twenty minutes.  The above doors shall be installed at the direction and to the satisfaction of 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 fire stopping, at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

6. During the January 23, 2001 hearing on this matter, the Board was advised that deficiency 6 was grandfathered however, the Applicant advised the Board that he would provide this facility with approved 24 hour lighting in the stairwells.

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 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 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 approved fire alarm system, installed at the direction and to the satisfaction of the Newport Fire Marshal, in accordance with the provisions of section 23-28.25-4 (a), 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)].