As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 13, 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 Filippi, Pearson, Jackson and Booth.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals John Ireland and Steven MacIntosh of the Cranston Fire Marshals Office.
APPLICANT: Andrew Lombardi.
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 Andrew Lombardi (owner) of 232 Norwood Avenue, Cranston, RI dated April 6, 2017.
3.	The Application was received by the Board and File  170058 was opened on April 6, 2017.
4.	A hearing on the Application was conducted on June 13, 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 Pearson and seconded by Commissioner Jackson 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  170058 and are pertinent to the decision rendered:

1.	Variance Application  170058 dated April 6, 2017 and filed on April 6, 2017.
2.	Cranston Fire Marshals Office Inspection Report dated February 1, 2017.

EXHIBITS

The following documents were presented at the June 13, 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 February 1, 2017 inspection report compiled by the Cranston Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the June 13, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the February 1, 2017 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 (5 unit) occupancy consisting of approximately nine thousand three hundred one (9,301) square feet (gross area) and originally built in 1892.
3.	The building is of Type V (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 dwelling units.
5.	There is no objection by the Cranston Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	PROTECTION FROM HAZARDS: 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 31.3.2.1.1 by developing and submitting a plan of action for protecting the laundry room and any furnace or boiler with a domestically-supplied sprinkler head(s) installed in accordance with RILSC section 9.7.1.2.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action.  In consideration of the relief granted herein, the Board directs the Applicant to install a smoke-tight door that is self-closing and latching separating the basement level, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
2.	FIRE ALARM SYSTEM / LOCAL ALARMS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 31.3.4.4, 31.3.4.5.1 and 31.3.4.6.1 by providing this facility with an approved fire alarm system, smoke alarms and carbon monoxide (CO) alarms, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
3.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.6.2 by providing doors that open onto exit access corridors with not less than a 20-minute fire protection rating that are self-closing and latching, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
4.	EMERGENCY INSTRUCTIONS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.7.1 by providing each dwelling unit of this facility with approved emergency instructions, at the direction and to the satisfaction of the Cranston Fire Marshals Office.
5.	USEABLE SPACE: The Board hereby grants the Applicant fifteen (15) days from the date of this hearing to comply with the provisions of RILSC section 7.2.2.5.3 by removing all stored materials from under the stairs in the facility, at the direction and to the satisfaction of the Cranston Fire Marshals Office.
6.	PORTABLE FIRE EXTINGUISHERS: The Board hereby grants the Applicant fifteen (15) 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 Cranston Fire Marshals Office.
7.	EGRESS ILLUMINATION: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.8 by providing this facility with approved egress illumination in accordance with section 7.8, at the direction and to the satisfaction of the Cranston Fire Marshals Office.
8.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the Cranston Fire Marshals 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).

The Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for the completion of this project.

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)].