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 Burlingame and seconded by Commissioner Richard 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 an April 6, 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 April 6, 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. 

During the January 23, 2001 hearing on this matter, the Board was advised that the Applicant currently provides tours of the first and second floors of this facility.  The Applicant further advised that he wishes to provide a special guided tour of the south side of the basement in the attic in roof area.  The special guided tours would be limited to 12 members of the public.
	
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). The Board hereby grants a variance from the provisions of section 23-28.6-6 in order to allow the Applicant to maintain one approved exit from the third floor level.  As a condition of this variance, the Board directs the Applicant to the sprinkler the above egress stairs and to limit the occupancy of the third floor to single guided tour groups of 12 people.  In light of the above, the Newport Fire Marshal's office has no objection.

1(b). The Board hereby grants a variance from the provisions of section 23-28.6-6 in order to allow the Applicant to maintain the existing egress from the subbasement of this facility.  In granting this variance, the Board directs the Applicant to limit occupancy of this area to guided tours having a maximum of 12 people. The Board further directs the Applicant to provide this area with approved emergency exits at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

2. The Board hereby grants a variance from the provisions of section 23-28.6-7 in order to allow the Applicant to maintain the cited travel distance.  In granting this variance, the Board directs the Applicant to provide sprinkler coverage on the stairs servicing the third level and to limit occupancy the third level to guided groups of 12 people.

3(a). The Board hereby grants a variance from the provisions of section 23-28.6-8 in order to allow the Applicant to maintain the existing unclosed stairwell within this facility.  In granting this variance, the Board directs the Applicant to sprinkler the cited stairwell as outlined above.

3(b). The Board hereby grants a variance from the provisions of section 23-28.6-8 in order to allow the Applicant to maintain the existing doors to the rear stairwell.  In granting this variance, the Board directs the Applicant to provide the above doors with approved closures, at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

3(c). The Board hereby grants a variance from the provisions of section 23-28.6-8 in order to allow the Applicant to maintain the existing non-rated elevator.  In granting this variance, the Board directs the Applicant to connect the elevator to the fire alarm system and to upgrade the fire alarm system accordingly, at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

3(d). The Board hereby directs the Applicant to correct deficiency 3 (d) by sealing off the butler pantry dumbwaiter, with approved materials at each level, at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

3(e). The Board hereby grants a variance from the provisions of section 23-28.6-8 in order to allow the Applicant to maintain the existing storage closets in conjunction with the stairwell sprinkler system.  In granting this variance, the Board further directs the Applicant to provide the closet doors with approved spring loaded hinges installed, at the direction and to the satisfaction of the Newport Fire Marshal, within 120 days of the date of this decision.

4(a). The Board hereby grants a variance from the provisions of section 23-28.6-9 in order to allow the Applicant to maintain the existing swing of the cited egress doors of this facility.

4(b). The Board hereby grants a variance from the provisions of section 23-28.6-9 in our to allow the Applicant to provide the cited stairway doors with approved spring loaded hinges 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 directs the Applicant to correct deficiency 4(c) by providing the egress doors of this facility with approved panic hardware, where possible, at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

4(d). The Board hereby grants a variance from the provisions of section 23-28.6-9 in our to allow the Applicant to provide the cited existing door jamb with an approved solid core wood door maintaining an approximate firing rating of 20 minutes.  The above door shall be further equipped 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.

5. The Board hereby directs the Applicant to correct deficiency 5 by providing the cited stairwell with approved handrails 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 grants a variance from the provisions of section 23-28.6-12 in order to allow the Applicant to install platinum battery exit signs, 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 directs the Applicant to correct deficiency 7, by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

8. The Board hereby directs the Applicant to correct deficiency 8, by providing this facility with approved fire extinguishing equipment, installed at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

9. The Board hereby grants a variance from the provisions of section 23-28.6-15 in order to allow the Applicant to maintain the existing historic wall coverings, tapestries and other decorative and acoustic material.  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 providing this facility with approved sprinkler and fire alarm coverage.

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)].

The decision was mailed on 2-14-01