As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, May 2, 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 Pearson, Jackson, Sylvester and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Christopher Mahoney of the Newport Fire Marshals Office.
APPLICANT: William Pendergast and 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 Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by William Pendergast (authorized representative) of Pineapple Condominium, 63-65 Mill Street, Newport, RI dated February 2, 2017.
3.	The Application was received by the Board and File  170041 was opened on March 8, 2017.
4.	A hearing on the Application was conducted on May 2, 2017 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 Sylvester and seconded by Commissioner Pearson to grant the Applicant the 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  170041 and are pertinent to the decision rendered:

1.	Variance Application  170041 dated February 2, 2017 and filed on March 8, 2017.
2.	Newport Fire Marshals Office Inspection Report dated October 27, 2016.
3.	Letter of authorization for William Pendergast from Pineapple Condominium dated February 17, 2017.

EXHIBITS

The following documents were presented at the May 2, 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 October 27, 2016 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 May 2, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the October 27, 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 3-story multiple/mixed use (business & apartment) occupancy consisting of approximately five thousand four hundred twenty (5,420) square feet (living area) and originally built in 1880.
3.	The building is of Type III (200) 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 some of the buildings dwelling units.
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.	FIRE ALARM SYSTEM: 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 31.1.1.1(2) 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 Newport Fire Marshals Office.
2.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.2.1.1 by protecting any furnace or boiler with a domestically-supplied sprinkler head(s) installed in accordance with RILSC section 9.7.1.2, at the direction and to the satisfaction of the Newport Fire Marshals Office.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	SMOKE ALARMS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.4.5.1 by providing this facility with approved smoke alarms in accordance with section 9.6.2.10, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
6.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.4.6.4 by providing this facility with approved carbon monoxide (CO) alarms in accordance with section 9.8, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
7.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.4.6.5 by providing this facility with approved carbon monoxide (CO) alarms in accordance with section 9.8, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
8.	FIRE ESCAPE STAIRS MAINTENANCE: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.2.8.9.2 by providing the existing fire escape system of this facility with approved maintenance and painting, at the direction and to the satisfaction of the Newport Fire Marshals Office.
9.	This deficiency has been corrected.
10.	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).

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 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)].