As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, April 10, 2018 before a subcommittee of 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 Pearson, Jackson and Booth.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Stephen MacIntosh of the Cranston Fire Marshals Office.
APPLICANT: Wade Palazini and M. Peter Woloohojian.
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 M. Peter Woloohojian (owner) of D'Evan Manor Associates, 954 Warwick Avenue, Warwick, RI dated February 26, 2018.
3.	The Application was received by the Board and File  180029 was opened on February 28, 2018.
4.	The matter was initially scheduled to be heard on March 20, 2018 and due to the unavailability of the Applicant, it was rescheduled until April 10, 2018.
5.	A hearing on the Application was conducted on April 10, 2018 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review including Chairman Newbrook and Commissioners Booth, Jackson and Pearson.
6.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Pearson and seconded by Commissioner Jackson to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
7.	The subcommittee recommendations were subsequently presented to the Board for acceptance on April 17, 2018 at which time Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Filippi, Jackson, Sylvester, Booth and Thornton were in attendance.  At that time a motion was made by Commissioner Sylvester and seconded by Commissioner Filippi to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote with Vice-Chairman Blackburn abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180029 and are pertinent to the decision rendered:

1.	Variance Application  180029 dated February 26, 2018 and filed on February 28, 2018.
2.	Applicants plan of action dated February 13, 2018.
3.	Reschedule Notice dated March 14, 2018.
4.	Email to the Board from Wade Palazini dated March 16, 2018.

EXHIBITS

The following documents were presented at the March 20, 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 February 13, 2018 plan of action compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the March 20, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the February 13, 2018 plan of action 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 4-story with basement apartment (127 units) occupancy consisting of approximately one hundred nine thousand eight hundred sixty-six (109,866) square feet (gross area) and originally built in 1980.
3.	The building is of Type I (332) construction, has a compliant fire alarm system and is provided with an approved partial automatic sprinkler system.
4.	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 7.2.2.4.5.3 by allowing the existing stairway guardrails to remain in use.  In granting this relief, it is the understanding of the Board that the population of this building is primarily permanent adult residents and that the stairway is not utilized as a primary means of entrance or egress for the facility.  In consideration of the relief granted herein, the Board directs the Applicant to provide compliant guardrails if there should be any future upgrades to this stairway.

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)].