As indicated in the file, a hearing involving the above-captioned properties was conducted on Tuesday, July 24, 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 Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Michael DeRosa of the Coventry Fire Marshals Office.
APPLICANT: Michael Saccoccia and Attorney Thomas Cronin.
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 Michael Saccoccia c/o S & S, LLC (owner) of 2289 Flat River Road, Coventry, RI dated May 10, 2018.
3.	The Application was received by the Board and File  180057 was opened on May 10, 2018.
4.	The matter was initially before the Board on June 12, 2018 at which time the Applicant, through counsel, requested a thirty-day continuance in order to develop a plan of action and the matter was continued without a finding until July 24, 2018.
5.	A hearing on the Application was conducted on July 24, 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 Thornton and seconded by Commissioner Jackson 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  180057, 180058 and 180059 and are pertinent to the decision rendered:

1.	Variance Applications  180057, 180058 and 180059 dated May 10, 2018 and filed on May 10, 2018.
2.	Coventry Fire Marshals Office Inspection Reports dated April 2, 2018.
3.	Reschedule Notice dated June 14, 2018.

EXHIBITS

The following documents were presented at the July 24, 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 April 2, 2018 inspection report compiled by the Coventry Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Coventry Fire Marshals Office during the July 24, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the April 2, 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 three (3) identical buildings are existing 3-story apartment (6 unit) occupancies consisting of approximately five thousand forty (5,040) square feet (gross area) and originally built in 1967.
3.	The buildings are of Type V (000) construction, do not have a compliant fire alarm system and are not provided with an approved automatic sprinkler system.
4.	Hard-wired smoke alarms and carbon monoxide (CO) alarms are provided in the buildings dwelling units.
5.	There is no objection by the Coventry 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 sections 31.1.1.1(2) and 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 these facilities.  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 Coventry Fire Marshals Office.
2.	This violation has been corrected.
3.	This violation has been corrected.
4.	This violation has been corrected.
5.	This violation has been corrected.
6.	This violation has been corrected.
7.	This violation has been corrected.
8.	This violation has been corrected.
9.	This violation has been withdrawn.
10.	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 by protecting the laundry/boiler rooms with a domestically-supplied sprinkler head(s) installed in accordance with RILSC section 9.7.1.2, at the direction and to the satisfaction of the Coventry Fire Marshals Office.
11.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.6.2.3 by providing the doors in the egress system of these facilities with approved self-latching and self-closing devices, at the direction and to the satisfaction of the Coventry Fire Marshal's Office.
12.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 14.4.1.5.1 by providing these facilities with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the Coventry Fire Marshals Office.
13.	This violation has been corrected.
14.	This violation has been corrected.
15.	This violation will be corrected with the completion of item  1, above.

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 Coventry 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 Blanket Variance  15-01A.

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)].