As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, March 27, 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 and Commissioners Filippi, Pearson, Jackson, and Booth.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Steven Kapalka of the Warwick Fire Marshals Office and Chief Deputy State Fire Marshal James Gumbley of the State Fire Marshal's Office.
APPLICANT: Barbara Geisser and Matthew Geisser.
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 Barbara Geisser (owner) of PO Box 8549, Warwick, RI dated February 27, 2018.
3.	The Application was received by the Board and File  180030 was opened on February 28, 2018.
4.	A hearing on the Application was conducted on March 27, 2018 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 Pearson and seconded by Commissioner Booth to issue the occupancy classification determination as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180030 and are pertinent to the decision rendered:

1.	Variance Application  180030 dated February 27, 2018 and filed on February 28, 2018.
2.	Warwick Fire Marshals Office Complaint Report dated January 12, 2018.
3.	Warwick Fire Marshals Office Inspection Report dated January 25, 2018.

EXHIBITS

The following documents were presented at the March 27, 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 January 12, 2018 Complaint Report and the January 25, 2018 inspection report compiled by the Warwick Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the Warwick and State Fire Marshals Office during the March 27, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the January 12, 2018 Complaint Report and the January 25, 2018 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 residential occupancy consisting of approximately five thousand four hundred (5,400) square feet (gross area) and originally built in 1905.
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.	A minimal number of battery operated smoke alarms are present, most of which are not operational.
5.	The Board finds through the direct testimony of Marshals Kapalka and Gumbley that City records establish the use of the building as a three-family apartment building with a total of six (6) bedrooms.  Further testimony established that on or about January 12, 2018 a site inspection revealed that the actual use of the building was as follows:
a.	First Floor: 4 bedrooms, 1 kitchen and 1 bathroom;
b.	Second Floor: 4 bedrooms, 1 kitchen and 1 bathroom; and,
c.	Third Floor: 3 bedrooms, no kitchen and 1 bathroom.
d.	All bedrooms throughout the building were being rented individually and had individual locking devices.
6.	The Board finds that upon questioning Applicant Matthew Geisser, the direct testimony provided was evasive, non-responsive and did not support his described use as a three-family apartment building.
7.	It is the understanding of the Board that the building has been determined to be uninhabitable by the Warwick Building Officials Office and has been posted as such.
8.	The Board finally finds that in addition to the violations listed in the January 25, 2018 violation notice that there are numerous safety issues present that constitute an immediate danger to life and support vacating the building until such time that corrections are made.
9.	There is no objection by the Warwick or State Fire Marshals Office to the occupancy classification determination outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	OCCUPANCY CLASSIFICATION: The Board hereby determines that the use of the building as described on or about January 12, 2018 is consistent with that of a lodging or rooming house and not a three-family apartment building.
2.	The Board hereby stays any enforcement proceedings as it relates to the January 25, 2018 violation notice issued by the Warwick Fire Marshals Office as the building has been vacated and is unoccupied.
3.	At this time the Board directs that the building shall remain vacant and unoccupied until such time that it is brought into full compliance with the Rhode Island State Fire Safety Code:
a.	If continued in use as a lodging or rooming house  RILSC Chapter 26;
b.	If converted back to a three-family apartment building  RILSC Chapter 25; and,
c.	If converted to a one- or two family dwelling  RILSC Chapter 24.
4.	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 be required to obtain a certificate of occupancy.

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 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 450-RICR-00-00-1.7.2(V)].
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 450-RICR-00-00-1.7.2(W)].  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 450-RICR-00-00-1.7.2(X)].
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 450-RICR-00-00-1.7.2(Y)].
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 450-RICR-00-00-1.7.2(R)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].