As indicated in the file, a hearing involving the above-captioned property was conducted on May 6, 2014 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairperson Filippi and Commissioners Blackburn, Booth, Burlingame, Jackson, Richard, and Thornton.
Department of Administration Deputy Chief Legal Counsel Peter N. Dennehy.

AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.

APPLICANT: Attorney Alexander G. Walsh.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Alexander G. Walsh (Attorney for the tenant) of 130 Bellevue Avenue, Newport, RI on April 15, 2014.
3.	The Application was received by the Board and File 140043 opened on April 17, 2014.
4.	A hearing on the Application was conducted on May 6, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Jackson and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal 140043 and are pertinent to the decision rendered:

1.	Variance Application 140043 dated April 15, 2014 and filed on April 17, 2014.
2.	Newport Fire Marshals Office Inspection Report dated March 20, 2014.
3.	Letter sent by ADSFM Chris Mahoney of the Newport Fire Marshals Office to Attorney Alexander Walsh dated March 20, 2014.
4.	Letter from Attorney Alexander Walsh with attached plan of action dated April 15, 2014.
5.	Affidavit of Authority from Attorney Jeremy W. Howe for Attorney Alexander Walsh dated [undated].

EXHIBITS

The following documents were presented at the May 6, 2014 hearing as exhibits:

1.	Applicants 1  4 [photographs].

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the March 20, 2014 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the May 6, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the March 20, 2014 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
2.	The building is an existing 3-story multiple/mixed occupancy with assembly occupancy on the first floor and one residential unit each on the second and third floors.
3.	The building is of type V (000) construction without separation between the occupancies and is not provided with sprinkler or fire alarm protection.
4.	The first floor assembly occupancy is used solely for religious worship during daylight hours and that the occupant load is less than three hundred (300) persons.
5.	The Applicant has removed the cooking appliance from the assembly occupancy kitchen at the direction and to the satisfaction of the Newport Fire Marshals Office.
6.	There is no objection by the Newport Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	This cited deficiency is no longer applicable and emergency lighting is not required as the exception criteria provided in NFPA 101 (2012) section 13.1.8.1(3) are met.
2.	The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of NFPA 101 (2012) section 13.1.8.1(7) by developing and submitting a plan of action for treating the wainscoting in the south stairwell and egress halls with an approved Class A flame-spread rated material (intumescent paint).  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the Newport Fire Marshals Office.
3.	The Board grants the Applicant the time variance outlined in item 2 above to comply with the provisions of NFPA 101 (2012) section 13.1.8.1(11) by protecting the boiler with a domestically-supplied sprinkler head, at the direction and to the satisfaction of the Newport Fire Marshals Office.
4.	The Board grants the Applicant a variance from the requirements of NFPA 101 (2012) section 13.1.8.1(12) requiring a Class K fire extinguisher in the kitchen with the understanding that the cooking appliance has been removed.  The Board grants the Applicant the time variance outlined in item 2 above to comply with the provisions of NFPA 101 (2012) section 13.1.8.1(12) by installing approved portable fire extinguishers throughout the building, at the direction and to the satisfaction of the Newport Fire Marshals Office.
5.	The Board grants the Applicant the time variance outlined in item 2 above to comply with the provisions of NFPA 101 (2012) section 13.1.8.1(1) by installing a fire alarm system in accordance with section 9.6 throughout the building, at the direction and to the satisfaction of the Newport Fire Marshals Office.

6.	The Board grants the Applicant the time variance outlined in item 2 above to comply with the provisions of NFPA 101 (2012) section 7.1.3.2.1 by treating all exit stair doors with an approved Class A flame-spread rated material (intumescent paint) maintaining an approximate fire resistance rating of twenty (20) minutes, installing self-closing devices and changing the door swing direction of any door not swinging in the direction of egress travel, at the direction and to the satisfaction of the Newport Fire Marshals Office.
7.	The Board grants the Applicant a variance from the requirements of NFPA 101 (2012) section 7.5.2.1 permitting the existing rear egress to pass through the kitchen/storeroom based upon a structural hardship and the removal of the cooking appliance.
8.	Violation corrected  all storage has been removed from stairwells.
9.	The Board grants the Applicant a variance from the requirements of NFPA 101 (2012) section 7.2.2.2.4.3 permitting the existing non-compliant winders in the rear south stairs to be continued in use based upon a structural hardship.
10.	The Board grants the Applicant the time variance outlined in item 2 above to comply with the provisions of NFPA 101 (2012) section 7.2.2.4.1.1 by installing one (1) compliant handrail in both stairs, at the direction and to the satisfaction of the Newport Fire Marshals Office.
11.	The Board grants the Applicant the time variance outlined in item 2 above to comply with the provisions of NFPA 101 (2012) section 7.2.2.4.4.6 by installing one (1) compliant handrail in both stairs, at the direction and to the satisfaction of the Newport Fire Marshals Office.
12.	The Board grants the Applicant the time variance outlined in item 2 above to comply with this deficiency by installing a twenty (20) minute fire rated door with self-closing device at the basement, at the direction and to the satisfaction of the Newport Fire Marshals Office.
13.	The Board grants the Applicant the time variance outlined in item 2 above to comply with this deficiency by installing smoke alarms in the apartments in accordance with section 9.6.2.10, at the direction and to the satisfaction of the Newport Fire Marshals Office.
14.	The Board grants the Applicant the time variance outlined in item 2 above to comply with this deficiency by installing carbon monoxide detectors in the apartments in accordance with section 9.8, at the direction and to the satisfaction of the Newport Fire Marshals Office.

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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

Finally, the Board hereby authorizes the Newport Fire Marshals Office to extend the above timeline for good faith efforts being demonstrated by the applicant.

STATUS OF DECISION AND APPEAL RIGHTS

1.	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 Applicants 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).
2.	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).
3.	Such changes in use or occupancy of this facility, or failure to continually comply with the Boards 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).
4.	The Applicant may appeal the Boards 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)].