As indicated in the file, a hearing involving the above-captioned property was conducted on June 17, 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, Pearson, Richard, Sylvester 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: Donald and Shirley Gray.
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 Donald & Shirley Gray (owners) of 9 McGraw Court, East Greenwich, RI dated May 5, 2014.
3.	The Application was received by the Board and File  140053 opened on May 9, 2014.
4.	A hearing on the Application was conducted on June 17, 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 Richard and seconded by Commissioner Thornton to grant the Applicant relief as outlined herein.  The motion passed on a 9 to 1 vote with Commissioner Sylvester voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140053 and are pertinent to the decision rendered:

1.	Variance Application  140053 dated May 5, 2014 and filed on May 9, 2014.
2.	Newport Fire Marshals Office Inspection Report dated March 11, 2014.

EXHIBITS

The following documents were presented at the June 17, 2014 hearing as exhibits:

1.	None.

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 11, 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 June 17, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the March 11, 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 apartment occupancy with 5 living units.
3.	The building is of Type V (000) construction and is not provided with sprinkler protection and does not have a compliant fire alarm system.
4.	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.	The Board grants the Applicant a variance from the provisions of RILSC section 7.2.1.4.2 allowing the existing door swing for the main and side exterior doors to remain in use based upon a structural hardship.
2.	Deficiency has been corrected.
3.	Deficiency has been corrected.
4.	The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC sections 31.1.1.1(2) and 31.3.4.4.1 by developing and submitting a plan of action for the installation of an approved fire alarm system within this facility.  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.
5.	The Board grants the Applicant a variance from the provisions of RILSC section 7.2.2.2.1.1 allowing the existing rear stairs to remain in use based upon a structural hardship.
6.	The Board grants the Applicant a variance from the provisions of RILSC section 7.2.2.2.4.3 allowing the existing main and side egress stairs to remain in use based upon a structural hardship.
7.	The Board grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC section 7.2.2.4.4.2 by installing one (1) compliant handrail on all stairs within the building, at the direction and to the satisfaction of the Newport Fire Marshals Office.
8.	The Board grants the Applicant a variance from the provisions of RILSC section 7.1.8 allowing the existing main, side and 1st floor rear stairs to remain in use based upon a structural hardship.
9.	The Board grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC section 7.2.2.4.4.6 by installing one (1) compliant handrail on all stairs within the building, at the direction and to the satisfaction of the Newport Fire Marshals Office.
10.	The Board grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC sections 7.2.2.4.1.1 and 7.1.8 by installing one (1) compliant handrail on all stairs within the building, at the direction and to the satisfaction of the Newport Fire Marshals Office.
11.	Deficiency has been corrected.
12.	The Board grants the Applicant a variance from the provisions of RILSC section 7.2.2.3.6.1 allowing the existing rear stairs to remain in use based upon a structural hardship.
13.	The Board grants the Applicant a variance from the provisions of RILSC section 7.2.2.5.1.1 allowing the existing stairs to remain in use based upon a structural hardship.
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14.	The Board grants the Applicant a variance from the provisions of RILSC section 7.2.2.5.3 allowing the existing closet under the stairs to remain in use based upon a structural hardship.  In consideration of this relief, the Board directs that the door be treated with an approved Class A flame-spread rated material (intumescent paint) and that this space be limited to the storage of non-combustibles only.
15.	The Board grants the Applicant a variance from the provisions of RILSC section 31.2.4.3 allowing the existing third floor apartment to remain in use without a second means of egress based upon a structural hardship.  In granting this relief, the Board notes that this apartment is provided with a secondary means of escape to the roof below.
16.	The Board grants the Applicant a variance from the provisions of RILSC section 31.2.4.6 allowing the existing egress stairs from the third floor apartment to remain in use based upon a structural hardship.  In granting this relief, the Board directs that the Applicant within the time variance outlined in item 4 above to treat all doors in the stair with an approved Class A flame-spread rated material (intumescent paint), at the direction and to the satisfaction of the Newport Fire Marshals Office.
17.	The Board grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC section 31.3.3.2 by treating all wainscoting in the stair with an approved Class A flame-spread rated material (intumescent paint), at the direction and to the satisfaction of the Newport Fire Marshals Office
18.	The Board grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC section 8.3.4.4 by treating all doors in the side stair with an approved Class A flame-spread rated material (intumescent paint) and self-closing devices, at the direction and to the satisfaction of the Newport Fire Marshals Office
19.	The Board grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC section 31.3.2.1.1 by installing domestically-supplied sprinkler heads to protect the boiler room and the basement storage room, at the direction and to the satisfaction of the Newport Fire Marshals Office
20.	The Board grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC section 31.7.1 providing each dwelling unit with emergency instructions, on an annual basis, at the direction and to the satisfaction of the Newport Fire Marshals Office
21.	.This deficiency will be corrected in accordance with  4.
22.	The Board grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC section 31.3.4.5.1 by installing approved smoke alarms in accordance with section 9.6.2.10, at the direction and to the satisfaction of the Newport Fire Marshals Office.
23.	The Board grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC section 31.3.4.6.1 by installing approved carbon monoxide detectors in accordance with sections 9.8 and 31.3.4.6, 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)].