As indicated in the file, a hearing involving the above-captioned property was conducted on April 18, 2017 before a subcommittee of 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 Jackson, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Octavio Vieira, Christopher Moore and David Pastore of the State Fire Marshals Office.
APPLICANT: Alan Sepe and Kevin Toomey.
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 Alan Sepe (authorized representative) of City of Providence, 25 Dorrance Street, Providence, RI dated August 4, 2016.
3.	The Application was received by the Board and File  170029 was opened on February 15, 2017.
4.	A hearing on the Application was conducted on April 18, 2017 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Jackson to grant the Applicant the relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on April 25, 2017 at which time Chairman Newbrook and Commissioners Filippi, Pearson, Jackson, Thornton and Davison were in attendance.  At that time a motion was made by Commissioner Thornton and seconded by Commissioner Pearson to accept the subcommittee recommendation and 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  170029 and are pertinent to the decision rendered:

1.	Variance Application  170029 dated August 4, 2016 and filed on February 15, 2017.
2.	State Fire Marshals Office Inspection Report dated March 9, 2016.
3.	State Fire Marshals Office Compliance Order dated June 15, 2016.

EXHIBITS

The following documents were presented at the April 18, 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 March 9, 2016 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the April 18, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the March 9, 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 2-story with basement multiple/mixed use (storage and lodging & rooming house) occupancy consisting of approximately eight thousand one hundred fourteen (8,114) square feet (gross area) and originally built in 1848.
3.	The building is of Type II (000) construction and does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	Battery operated smoke alarms and carbon monoxide (CO) alarms are provided in the buildings sleeping areas.
5.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	16-344-VN: MULTIPLE OCCUPANCIES: 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 26.1.3.3(3) by developing and submitting a plan of action for the installation of an approved fire alarm system in accordance with section 9.6 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 State Fire Marshals Office.
2.	16-345-VN: FIRE ALARM SYSTEM: This will be corrected with item  1, above.
3.	16-346-VN: SECONDARY MEANS OF ESCAPE: The Board hereby grants the Applicant a variance from the provisions of RILSC section 26.2.2.1 by allowing the current egress configuration to remain in use, based upon a structural hardship and compliance with item  1, above.
4.	16-347-VN: ELECTRICAL: The Board hereby grants the Applicant sixty (60) days from the date of the hearing to comply with the provisions of RIFC section 11.1.4 by removing all abandoned electrical wiring from the basement boiler room, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	16-349-VN: ELECTRICAL: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 11.1.2 and NFPA 70 (2014 edition) Article 314.15 by correcting all electrical violations in the basement boiler room, at the direction and to the satisfaction of the State Fire Marshals Office.
6.	16-354-VN: SMOKE ALARMS: This will be corrected with item  1, above.
7.	16-356-VN: CARBON MONOXIDE ALARMS: This will be corrected with item  1, above.  In consideration of the relief granted herein, the Board directs the Applicant to provide additional temporary CO alarms within thirty (30) days of the date of the hearing, at the direction and to the satisfaction of the State Fire Marshal's Office.
8.	16-357-VN: SEPARATION OF SLEEPING ROOMS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 26.3.5 by repairing or providing code compliant door hardware for the fire pole openings, at the direction and to the satisfaction of the State Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to have the fire pole door hardware inspected within thirty (30) days of the date of the hearing, at the direction and to the satisfaction of the State Fire Marshal's Office.
9.	16-359-VN: PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 42.3.2 and 8.7 by enclosing the boiler room with a fire barrier having a 1-hour fire resistance rating, at the direction and to the satisfaction of the State Fire Marshals Office.
10.	16-363-VN: PORTABLE FIRE EXTINGUISHERS: The Board hereby grants the Applicant seven (7) days from the date of this hearing to comply with the provisions of RIFC section 13.6.9.3 by providing this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the State Fire Marshals Office.
11.	16-3443-VN: PRIMARY MEANS OF ESCAPE: The Board hereby grants the Applicant a variance from the provisions of RILSC section 26.2.1.1 by allowing the current egress configuration to remain in use, based upon a structural hardship and the completion of item  1, above.  In consideration of the relief granted herein, the Board directs the Applicant to repair and maintain the existing smoke barrier doors at the top of the stairs, at the direction and to the satisfaction of the State Fire Marshal's 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 State 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)].