As indicated in the file, a hearing involving the above-captioned property was conducted on December 2, 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 and Commissioners Booth, Filippi, Jackson, Pearson and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.
APPLICANT: Mark Fantasia, Raymond Gomes and Melvin Hill.
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 Mark Fantasia (Manager) of 80 Rhode Island, LLC, 12 Clock Tower Place - Suite 200, Maynard, MA dated October 10, 2014.
3.	The Application was received by the Board and File  140139 opened on October 29, 2014.
4.	A hearing on the Application was conducted on December 2, 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 Pearson and seconded by Commissioner Thornton to grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140139 and are pertinent to the decision rendered:

1.	Variance Application  140139 dated October 10, 2014 and filed on October 29, 2014.
2.	Newport Fire Marshals Office Inspection Report dated July 17, 2014.
3.	Letter to the Board from the Applicant dated October 17, 2014.

EXHIBITS

The following documents were presented at the December 2, 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 July 17, 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 December 2, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the July 17, 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 (15 units) occupancy.  It is the understanding of the Board that as part of proposed renovations that this building will vacated and unoccupied on or before September 1, 2015 and be reduced to eight (8) units once completed.
3.	The building is of Type III (200) and Type V (000) construction and will be provided with sprinkler protection and a compliant fire alarm system following the proposed renovations.
4.	It is the understanding of the Board that battery-operated smoke alarms and carbon monoxide alarms are provided in all areas of the building.
5.	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 time variance until September 1, 2015 from complying with the provisions of RILSC section 31.1.1.1 by allowing the existing building-wide conditions to remain in use.  In consideration of the relief granted herein, the Board finds that the building will become vacant on or after this date for extensive renovations and will not again be occupied until a new certificate of occupancy is obtained.  The Board further directs the Applicant provide all necessary plans for review and approval prior to re-occupancy, at the direction and to the satisfaction of the Newport Fire Marshals Office.
2.	The Board hereby grants the Applicant the time variance outlined in item 1 above from complying with the provisions of RILSC section 31.3.4.3.5.1 with the understanding that by reducing the number of apartments in the building to eight (8), emergency forces notification will not be required.
3.	This deficiency has been corrected by the installation of domestically-supplied sprinkler heads.
4.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision to comply with the provisions of RILSC section 7.2.8.9.3 by repairing and maintaining all existing fire escapes, at the direction and to the satisfaction of the Newport Fire Marshals Office.
5.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision to comply with the provisions of RILSC section 7.2.8.9.2 by painting and maintaining all existing fire escapes, at the direction and to the satisfaction of the Newport Fire Marshals Office.
6.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision to comply with the provisions of RILSC section 7.2.8.5.1 by installing any required guards on all existing fire escapes, at the direction and to the satisfaction of the Newport Fire Marshals Office.
7.	The Board hereby grants the Applicant the time variance outlined in item 1 above from complying with the provisions of RILSC section 7.2.9.3 by allowing the existing fire escape(s) ladders to terminate at greater than twelve (12) inches above the ground.
8.	The Board hereby grants the Applicant the time variance outlined in item 1 above from complying with the provisions of RILSC section 7.1.3.2.1 by allowing the existing egress stairs to remain in use, based upon a structural hardship.
9.	The Board hereby grants the Applicant the time variance outlined in item 1 above from complying with the provisions of RILSC section 31.3.1.1 by allowing the existing main staircase to remain in use, based upon a structural hardship.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	The Board hereby grants the Applicant the time variance outlined in item 1 above from complying with the provisions of RILSC section 31.2.4.3 by allowing the existing fire escapes to serve as the second means of egress from all units, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
13.	The Board hereby grants the Applicant the time variance outlined in item 1 above from complying with the provisions of RILSC section 31.2.9 by not providing permanent emergency lighting with the understanding that by reducing the number of apartments in the building to eight (8), emergency lighting will not be required.  In consideration of the relief granted herein, the Board directs the Applicant to provide photoluminescent exit signage in accordance with section 7.10.7.2 and temporary battery-powered LED emergency lighting throughout the facility within thirty (30) days of the date of this Decision, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
14.	This deficiency has been corrected.
15.	This deficiency has been corrected.
16.	This deficiency has been corrected.
17.	This deficiency has been corrected.
18.	The Board hereby grants the Applicant the time variance outlined in item 1 above from complying with the provisions of RILSC section 31.3.4.5.1 by allowing the existing battery-operated smoke alarms to remain in use throughout the facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.
19.	The Board hereby grants the Applicant the time variance outlined in item 1 above from complying with the provisions of RILSC section 31.3.4.6.2 by allowing the existing battery-operated carbon monoxide alarms to remain in use throughout the facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.
20.	This deficiency has been corrected.
21.	This deficiency has been corrected.
22.	This deficiency has been corrected.
23.	This deficiency has been corrected.
24.	This deficiency has been corrected.

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).

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)].