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 Filippi and seconded by Commissioner Pearson 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 August 25, 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 August 25, 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 of this facility as modified herein.  This variance is granted on the basis of structural hardship in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.

2. The Board hereby directs the Applicant to correct deficiency 2 by covering the cited transom in the rear stairwell with approved 5/8 inch fire-rated sheetrock installed, at the direction and to the satisfaction of the Newport Fire Marshal, within 120 days of the date of this decision.

3(a). The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant maintain existing non-rated stairwells within this facility, as modified herein.  In granting this variance, the Board directs the Applicant to provide an approved Class-A finish on the wood paneling within the stairwells.

3(b). The Board hereby directs the Applicant to correct deficiency 3(b) by providing the cited stairwells with approved handrails installed 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 23-28.16-5 in order to allow the Applicant maintain the existing winding stairs within both stairwells of this facility.  This variance is granted on the basis of structural hardship.

4(a). 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 egress door swing.  This variance is granted on the basis of structural hardship.

4(b). The Board hereby directs the Applicant to correct deficiency 4(b) by providing the cited apartment doors with approved spring loaded hinges, or closers, 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 the existing cited door jambs of this facility with approved solid core or metal doors, having an approximate fire rating of 20 minutes, 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. It is the understanding of the Board that deficiency 6 is grandfathered and not being requested by the Newport Fire Marshal's office.

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 grant the Applicant an option of placing fire extinguishers in the individual apartment units.  All fire extinguishers shall be 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 an approved fire alarm system, installed at the direction and to the satisfaction of the Newport Fire Marshal or designee, 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)].