The above captioned case was scheduled for hearing on February 5, 2002 at l:00  p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Pearson, Coutu, O’Connell, 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 Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of a September 6, 2001 inspection report compiled by the Newport Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshal during the February 5, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the September 6, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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.l-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.l6-2 in order to allow the Applicant to maintain the existing fire escapes and other egress systems of this facility as modified herein.  In granting this variance, it is the understanding of the Board that the Applicant shall provide this facility with an approved local fire alarm system as outlined in item #8 below.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to maintain access to the fire escape system of this facility through bedrooms and an access route to the means of egress through the kitchens within this facility.  In granting this variance, the Board hereby directs the Applicant to remove all locks and locking devices from the bedroom doors through which access to the fire escape system is achieved.

3.	A. The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing construction and rating of the cited stairways within this facility.  

B.	The Board hereby directs the Applicant to correct deficiency #3B, by providing the cited stairway with an approved second handrail, at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

4.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to maintain the existing swing of the cited doors to the exterior of this facility.  In granting this variance on the basis of structural hardship, the Board notes that this facility shall maintain a limited occupancy. 

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.

6.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signage and emergency lighting, installed at the direction and to the satisfaction of the Newport Fire Marshal, as part of the fire alarm package for this facility, within one hundred and twenty (l20) days of the date of this Decision.

7.	It is the understanding of the Board that the Applicant has corrected deficiency #7 and has accordingly provided this facility with approved fire extinguishers.

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’s Office, in accordance with the provisions of Section 23-28.25-4(a) along with smoke detectors installed in accordance with the provisions of Section 23-28.24-34-2 through 4, within one hundred and twenty (l20) days from the date of this Decision.

9.	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 unenclosed heating plant of this facility with two (2) domestically supplied sprinkler heads installed at the direction and to the satisfaction of the Newport Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

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.

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 in 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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]