As indicated in the file, a hearing involving the above-captioned property was conducted on February 14, 2017, 2017 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 Richard, Pearson, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Kenneth Botelho and James Bellamy of the East Providence Fire Marshals Office.
APPLICANT: John Cooper, Frank Bragantin and Jason Iacobucci.
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 Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Frank O. Bragantin (authorized representative) of Parkway Apartments, LP, 558 Smithfield Avenue, Pawtucket, RI dated October 24, 2016.
3.	The Application was received by the Board and File  160154 was opened on November 1, 2016.
4.	The matter was initially before the Board on January 31, 2017 and was reassigned until February 14, 2017 in order for the Applicant and the AHJ to meet to determine the buildings status relating to high rise structures.
5.	A subsequent hearing on the Application was conducted on February 14, 2017 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 Vice-Chairman Blackburn and seconded by Commissioner Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote with Chairman Newbrook abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160154 and are pertinent to the decision rendered:

1.	Variance Application  160154 dated October 24, 2016 and filed on November 1, 2016.
2.	East Providence Fire Marshals Office Inspection Report dated September 13, 2016.
3.	Letter of authorization for Frank Bragantin from John K. Cooper dated October 27, 2016.
4.	Reschedule Notice dated February 2, 2017.

EXHIBITS

The following documents were presented at the February 14, 2017 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 September 13, 2016 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the January 31, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the September 13, 2016 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 9-story apartment (104 units) occupancy consisting of approximately eighty-three thousand three hundred twenty-four (83,324) square feet and originally built in 1977.
3.	The building is of Type II (222) construction and has a compliant fire alarm system and is not provided with an approved automatic partial sprinkler system.
4.	As floor of the ninth (9th) story is less than seventy-five (75) feet above the lowest level of fire department vehicle access, the building is not classified as a high-rise building in accordance with RILSC section 3.3.36.7.
5.	There is no objection by the East Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	This deficiency has been corrected.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 31.2.1.2 by allowing the existing apartment egress systems to remain in use and a time variance of nine (9) months from the date of the decision to implement the proposed plan of action, as set forth below.
12.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 31.2.1.2 by allowing the existing apartment egress systems to remain in use and a time variance of nine (9) months from the date of the decision to implement the proposed plan of action, as set forth below.
13.	This deficiency has been corrected.

In consideration of the relief granted herein, the Board hereby approves and adopts the Applicants plan of action [RGB 6273-3] dated September 21, 2016 which includes fire alarm system upgrades and improvements, smoke control systems and the addition of (a single side-wall) automatic sprinkler protection to within the inside door of each dwelling unit; said systems and improvements shall be deemed required systems.

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 East Providence 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 Fire Safety Code, section 6-2-22.1.

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in R.I.G.L. section 42-35-12 and 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: Fire Safety Code, 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: Fire Safety Code, 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: Fire Safety Code, 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:  Fire Safety Code, section 6-2-25).
4.	In accordance with R.I.G.L 42-35-12, 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: Fire Safety Code, 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)].