As indicated in the file, a hearing involving the above-captioned property was conducted on October 27, 2015 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-Chairman Blackburn and Commissioners Booth, Filippi, Jackson, Sylvester and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.
APPLICANT: Raymond Gomes.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. 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 Channing Ferrer (owner) of 26 Sedgemeadow Road, Wayland, MA dated September 13, 2015.
3.	The Application was received by the Board and File  150106 opened on September 29, 2015.
4.	This property was previously before the Board on November 16, 1999 at which time Decision  990231 was issued dated January 5, 2000.  The relief set forth in this Decision was based upon violations of the statutory provisions of Rhode Island General Laws, 1956, as amended, chapter 23-28.16 [repealed effective June 30, 2004].
5.	A hearing on the Application was conducted on October 27, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed on a 5 to 2 vote with Vice-Chairman Blackburn and Commissioner Booth voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150106 and are pertinent to the decision rendered:

1.	Variance Application  150106 dated September 13, 2015 and filed on September 29, 2015.
2.	Newport Fire Marshals Office Inspection Report dated August 26, 2015.
3.	Letter of authorization for Raymond Gomes from Channing Ferrer dated September 10, 2015.

EXHIBITS

The following documents were presented at the October 27, 2015 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 August 26, 2015 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 October 27, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the August 26, 2015 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 (4-unit) occupancy.
3.	The building is of Type V (000) construction and is not provided with approved 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 hereby grants the Applicant a variance from the provisions of RIFC section 31.1.1.1(2) by allowing the existing hard-wired, interconnected smoke alarms in the building to remain in use in lieu of an approved automatic fire detection and notification system.
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 RILSC section 31.3.6.2.3 by developing and submitting a plan of action for the installation of approved self-closing devices on all doors opening into exit access corridors throughout the 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.
3.	The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 7.2.2.4.1.1 by providing this facility with one (1) approved handrails in the south stair, at the direction and to the satisfaction of the Newport Fire Marshal's Office.  The Board further grants the Applicant a variance to allow the existing non-compliant handrail in this stair to remain in use.
4.	The Board hereby grants the Applicant four (4) days from the date of this hearing to comply with the provisions of RILSC section 31.3.5.12 by providing this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the Newport Fire Marshals Office.
5.	The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RIFC section 12.7.5.1 by properly protecting all basement wall openings and penetrations, at the direction and to the satisfaction of the Newport Fire Marshals Office.
6.	The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 31.3.2.1.1 by protecting any furnace or boiler with a domestically-supplied automatic sprinkler head(s), 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 2 above to comply with the provisions of RILSC section 7.2.2.4.5.3 by repairing or replacing the stair guard on the second floor landing, at the direction and to the satisfaction of the Newport Fire Marshals Office.
8.	The Board hereby grants the Applicant a variance from the provisions of RIFC section 10.11.6.1 by allowing the use of any grill located within ten (10) feet of the structure, at the direction and to the satisfaction of the Newport Fire Marshals Office.  In granting this relief, the Board finds that there is only approximately sixteen (16) feet between this building and the adjacent property.
9.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.2.4.3 by allowing the existing winding stairs to remain in use based upon a structural hardship.
10.	The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 31.3.4.6.5 by providing this facility with approved carbon monoxide (CO) alarms, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
11.	This item has been determined not to be a deficiency by the AHJ.

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(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Board Rules and Regulations, section 6-2-22.1.

&8195;
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 6-2-22).
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 6-2-23.)  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 6-2-24).
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 6-2-25).
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.  (See: Board Rules and Regulations, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].