As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, October 3, 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 Filippi, Pearson, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Gordon Walsh and Greg Pariseault of the North Kingstown Fire Marshals Office.
APPLICANT: John Dooley.
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 John Dooley (owner) of 12 Goldmine Road, Chepachet, RI dated August 31, 2017.
3.	The Application was received by the Board and File  170118 was opened on September 6, 2017.
4.	A hearing on the Application was conducted on October 3, 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 Thornton and seconded by Commissioners Filippi and Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote with Commissioner Jackson absent for the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170118 and are pertinent to the decision rendered:

1.	Variance Application  170118 dated August 31, 2017 and filed on September 6, 2017.
2.	North Kingstown Fire Marshals Office Inspection Report dated July 24, 2017.

EXHIBITS

The following documents were presented at the October 3, 2017 hearing as exhibits:

1.	AHJs timeline of events.
2.	AHJs photographs (14).

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 July 24, 2017 inspection report compiled by the North Kingstown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the October 3, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the July 24, 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 with basement apartment (4 unit) occupancy consisting of approximately five thousand three hundred fourteen (5,314) square feet (living area) and originally built in 1862.
3.	The building is of wood frame construction, does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	There is no objection by the North Kingstown 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 31.3.4.4.1 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 North Kingstown Fire Marshals Office.
2.	PORTABLE FIRE EXTINGUISHERS: The Board hereby grants the Applicant seven (7) 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 North Kingstown Fire Marshals Office.
3.	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 providing approved protection for the boiler room of this facility, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
4.	KEY ACCESS BOX: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 18.2.2.1 by providing this facility with an approved key access box, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	EGRESS LIGHTING: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.2.8 by providing this facility with approved egress illumination in accordance with section 7.8, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
8.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 7 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 North Kingstown Fire Marshals Office.
9.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC sections 31.2.1.1, 7.1.10.1 and 7.1.10.2.1 by removing all storage from within the egress system of the facility, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
10.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.2.1.3 by treating the existing apartment doors of the facility with an approved fire-retardant coating (intumescent paint) and providing approved hardware that is self-closing and self-latching, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
11.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 31.2.4 by allowing the existing egress system to remain in use.  In consideration of the relief granted herein, the Board directs the Applicant to develop and implement a plan of action for use of windows as a secondary means of escape, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
12.	GUARDS and HANDRAILS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.4.4.2 by allowing the existing handrail in the main stair to remain in use.
13.	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 North Kingstown Fire Marshal's Office.
14.	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 31.3.4.6.1 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 North Kingstown Fire Marshal's Office.
15.	ENCLOSURES and PROTECTION OF STAIRS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 31.3.1.1.1 by allowing the existing unenclosed main stairway to remain in use.

In consideration of the relief granted herein, the Board directs the Applicant to provide approved emergency lighting within the facility in accordance with section 7.2.9, at the direction and to the satisfaction of the North Kingstown 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).

Finally, the Board hereby authorizes the North Kingstown 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)].