As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, September 26, 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, Sylvester, Booth and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal John Ireland 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  170057 was opened on April 6, 2017.
4.	The matter was initially heard by the Board on June 13, 2017 at which time it was remanded to the Cranston Fire Marshals Office to re-inspect the property as a lodging or rooming house occupancy.
5.	A subsequent hearing on the Application was conducted on September 26, 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 Sylvester and seconded by Commissioner Pearson to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 1 vote with Vice-Chairman Blackburn voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170057A and are pertinent to the decision rendered:

1.	Variance Application  170057 dated April 6, 2017 and filed on April 6, 2017.
2.	Cranston Fire Marshals Office Inspection Report dated February 1, 2017.
3.	Revised Cranston Fire Marshals Office Inspection Report dated June 22, 2017.
4.	Decision  170057 dated June 23, 2017.
5.	Email to the Board from CFD Inspector Ireland dated August 10, 2017.
6.	Reschedule Notice dated August 10, 2017.

EXHIBITS

The following documents were presented at the September 26, 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 22, 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 September 26, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the June 22, 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 rooming house (bed & breakfast) occupancy consisting of approximately ten thousand two hundred seventy-eight (10,278) square feet (gross area) and originally built in 1901.
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.	A total of nine (9) guest rooms are provided in the facility, located on the second and third floors.
5.	The Board finds that through testimony of the Applicant that the facility has been included in the National Historic Register as part of the Norwood Avenue Historic District.
6.	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.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 26.2.2.1 by allowing the existing unenclosed interior stair to remain in use.  In consideration of the relief granted herein, the Board directs the Applicant to develop and submit a plan of action within thirty (30) days of the date of the decision for the installation of an approved limited area sprinkler system utilizing the domestic water supply for the third floor and entire stairway egress system of the facility in accordance with section 9.7.  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 Cranston Fire Marshals Office.
2.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 26.2.1.2 by allowing the existing guest rooms on the second and third floors to remain in use without an approved secondary means of escape.  In consideration of the relief granted herein, the Board hereby incorporates the limited area sprinkler system requirements as set forth in item  1 above.
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 26.3.5 by providing doors with not less than a 20-minute fire protection rating in the egress system (corridor) that are self-closing and self-latching, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
4.	This deficiency has been corrected.
5.	This item is not a violation as the evidence presented did not establish that the facility was converted to this occupancy type on or after June 29, 1990.
6.	FIRE ALARM SYSTEM / KEY ACCESS BOX: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 26.1.1.1.6 and RIFC section 18.2.2.1 by providing for the installation of an approved fire alarm system in accordance with section 9.6 throughout the facility, approved smoke alarms and carbon monoxide alarms and a key access box, at the direction and to the satisfaction of the Cranston Fire Marshals Office.
7.	This deficiency has been corrected.
8.	FIREPLACES: The Board hereby grants the Applicant sixty (60) days from the date of this decision to comply with the provisions of RILSC section 26.1.1.1.3 by providing documentation of inspection and compliance for the fireplaces of this facility, at the direction and to the satisfaction of the Cranston Fire Marshals Office.
9.	COOKING EQUIPMENT: The Board hereby grants the Applicant the time variance outlined in item 8 above to comply with the provisions of RIFC chapter 50 by providing documentation of food service catering and non-use of the facility kitchen other than for the warming of foods only, at the direction and to the satisfaction of the Cranston Fire Marshals Office.
10.	This deficiency has been corrected.
11.	EMERGENCY LIGHTING: The Board hereby grants the Applicant the time variance outlined in item 8 above to comply with the provisions of RILSC section 26.1.1.1.6 by providing this facility with approved emergency lighting in accordance with section 7.9, at the direction and to the satisfaction of the Cranston Fire Marshals Office.
12.	DOCUMENTATION: The Board hereby grants the Applicant the time variance outlined in item 8 above to comply with the provisions of RILSC section 26.1.1.1.6 by providing documentation of compliance with chapter 26, as set forth in the June 22, 2017 inspection report, 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).

Finally, the Board hereby authorizes the Cranston 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.

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 or consideration be required for compliance with items  1 and 2, specifically as it relates to the installation of the limited area sprinkler system and any associated water supply restrictions.

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)].