As indicated in the file, a hearing involving the above-captioned property was conducted on July 11, 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, Filippi, Pearson, Jackson, Booth and Davison.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.


TRAVEL OF THE CASE

1.	The matter was initially before the Board on March 28, 2017 at which time Decision  170011 dated April 5, 2017.
2.	A hearing on the Application was conducted on March 28, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review before Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Filippi, Jackson, Sylvester, Booth and Thornton.
3.	After all evidence was presented at the hearing, a motion was made by Vice-Chairman Blackburn and seconded by Commissioner Jackson to grant the Applicant relief.  The motion failed on a 4 to 3 vote in accordance with RIFC section 1.10.5.7, with Commissioners Booth, Filippi and Sylvester voting in opposition.
4.	On May 4, 2017 the Applicant/Appellant filed an administrative appeal of the Board Decision in the Sixth Division of the Rhode Island District Court [6AA-2017-00039] in accordance with FSC section 6-2-18 and RIGL section 42-35-12.
5.	Subsequent to the filing of the instant appeal, the Executive Director in conjunction with the Board Chairman conducted a review of the administrative record of the case and determined that the Decision rendered was not supported by the evidence presented at the March 28, 2017 hearing.  Accordingly, in accordance with FSC section 6-2-16 the matter was reopened to correct this mistake in the decision.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170011 and are pertinent to the decision rendered:

1.	Variance Application  170011 dated December 20, 2016 and filed on January 9, 2017.
2.	West Warwick Fire Marshals Office Inspection Report dated November 22, 2016.
3.	Decision  070232 dated October 1, 2009.
4.	Letter of authorization for Hallkeen Management from Michael Collings of Peak Capital Partners dated January 9, 2017.
5.	Decision  170011 dated April 5, 2017.

EXHIBITS

The following documents were presented at the July 11, 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 original Decision corresponds with the November 22, 2016 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the March 28, 2017 hearing on this matter.
2.	The building is an existing 2-1/2-story apartment (83 unit) occupancy consisting of approximately forty-nine thousand two hundred thirty-six (49,236) square feet (gross area) and originally built in 1972.
3.	The building is of Type V (000) construction and has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	All exterior dwelling unit windows of the complex were replaced by the previous owner in 2015 without input or review by the West Warwick Fire Marshals Office.
5.	The property was acquired by the current owner in July of 2017.
6.	Existing windows have a clear opening that range in size from 3.8 to 4.5 square feet.  All existing windows are capable of removal by use of so-called quick-release latches, which when removed have a clear opening of 6.9 square feet.
7.	The Board finds that while tools or keys are not required for the removal of said windows there is some degree of special effort required as set forth in RILSC section 24.2.2.3(C).
8.	There is no objection by the West Warwick Fire Marshals Office to the granting of the relief.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 31.2.1.2 and 24.2.2.3 to allow the existing dwelling unit windows to remain in use as a secondary means of escape.  In consideration of the relief granted herein, the Board directs the Applicant to provide written or printed instructions for window removal to all tenants and the AHJ, at the direction and to the satisfaction of the West Warwick 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).

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)].