As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, March 6, 2018 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Pearson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal John Polacek of the Woonsocket Fire Marshals Office.
APPLICANT: Richard Hurteau.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under RIGL 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 Richard Hurteau (owner) of PO Box 201, Millville, MA dated [undated].
3.	The Application was received by the Board and File  180017 was opened on February 6, 2018.
4.	This property was previously before the Board twice, most recently on September 21, 2010 at which time Decision  070578 was issued dated December 16, 2010.
5.	A hearing on the Application was conducted on March 6, 2018 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 Pearson and seconded by Commissioner Sylvester 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  180017 and are pertinent to the decision rendered:

1.	Variance Application  180017 dated [undated] and filed on February 6, 2018.
2.	Woonsocket Fire Marshals Office Inspection Report dated December 5, 2017.
3.	Decision  020059 dated September 25, 2002.
4.	Decision  070578 dated December 16, 2010.

EXHIBITS

The following documents were presented at the March 6, 2018 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 December 5, 2017 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the March 6, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the December 5, 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 (6 unit) occupancy consisting of approximately eight thousand six hundred nineteen (8,619) square feet (gross area) and originally built in 1920.
3.	The building is of Type V (000) construction, does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The building is provided with temporary battery-operated smoke alarms and carbon monoxide (CO) alarms.
5.	There is no objection by the Woonsocket 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 31.3.4.2.1 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 Woonsocket Fire Marshals Office.
2.	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 Woonsocket Fire Marshal's Office.
3.	INTERIOR FINISH: The Board hereby grants the Applicant thirty (30) days from the date of this decision to comply with the provisions of RILSC section 7.1.4.1 by treating all wood paneling or wainscoting  in the stairways and landings with an approved fire-retardant coating (intumescent paint), at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
4.	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 Woonsocket Fire Marshal's Office.
5.	KEY ACCESS BOX: The Board hereby grants the Applicant thirty (30) days from the date of this hearing to comply with the provisions of RIFC sections 16.3.4.3 and 18.2.2.1 by providing this facility with an approved key access box, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
6.	There is no deficiency  6.
7.	OPENING PROTECTIVES: The Board hereby grants the Applicant thirty (30) days from the date of this decision to comply with the provisions of RILSC section 7.2.1.8.1 by providing the doors in the egress system of this facility with approved self-closing devices, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
8.	PORTABLE FIRE EXTINGUISHERS: The Board hereby grants the Applicant ten (10) 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 Woonsocket Fire Marshals Office.
9.	EGRESS: The Board hereby grants the Applicant fifteen (15) days from the date of this hearing to comply with the provisions of RILSC section 7.1.10.2.1 by providing removing all furniture, decorations or other objects from the means of egress for the third floor apartment of this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
10.	EMERGENCY LIGHTING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 31.2.9 and 31.2.10 by providing egress serving the fourth level of the third floor apartment of this facility with approved emergency lighting and egress marking in accordance with section 7.9 and 7.10, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.

In consideration of the relief granted herein, the Board directs the Applicant to provide a periodic status update for this project to the Woonsocket Fire Marshals Office every thirty (30) days until such time that the building is brought into full compliance.

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 Woonsocket 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 RIGL 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 [FSC] 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: FSC 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 FSC or a revision of the above-cited classification.  (See: FSC 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 RIGL section 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:  FSC section 6-2-25).
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5.	In accordance with RIGL section 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: FSC section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].