As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 27, 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 and Commissioners Richard, Walker, Jackson, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.
APPLICANT: Melvin Hill 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 Melvin Hill (owner) of White Wall, LLC, 174 Bellevue Avenue, Newport, RI dated June 5, 2017.
3.	The Application was received by the Board and File  170083 was opened on June 13, 2017.
4.	The matter was most recently before the Board on June 9, 2015 at which time Decision  140139A was issued dated June 19, 2015.
5.	A hearing on the Application was conducted on June 27, 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 Commissioner Thornton and seconded by Commissioners Richard and Walker 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  170083 and are pertinent to the decision rendered:

1.	Variance Application  170083 dated June 5, 2017 and filed on June 13, 2017.
2.	Newport Fire Marshals Office Inspection Report dated June 2, 2017.
3.	Decision  140139A dated June 19, 2015.

EXHIBITS

The following documents were presented at the June 27, 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 June 2, 2017 plan review 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 June 27, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the June 2, 2017 plan review 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 apartment occupancy (8 units) with a compliant fire alarm system and is protected by an approved automatic sprinkler system.  The building originally consisted of seventeen (17) dwelling units and was reduced to its current configuration through recent renovations, demolition and reconstruction.
3.	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.	OPENING PROTECTIVES: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 7.2.2.5.1.1 and 7.1.3.2.1(1) by allowing the existing apartment doors with a 20-minute fire protection rating in the egress system (stair enclosure) to remain in use.  In granting this relief, the Board notes that in existing apartment occupancies this configuration would be permitted in accordance with section 31.2.2.1.3.
a.	In consideration of the relief granted herein, the Board directs the Applicant to provide emergency forces notification for the building sprinkler system alarm and supervisory signals via a Newport Fire Department radio master box in accordance with section 9.6.4.2.
b.	In the alternative, the Applicant may choose to fully comply with sections 7.2.2.5.1.1 and 7.1.3.2.1(1) above, and provide sprinkler system alarm and supervisory signal transmissions in accordance with sections 9.7.2.1 and 9.7.2.2.

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).

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)].