As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, September 25, 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 Walker and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.
APPLICANT: Lee Blackwell.
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 Lee Blackwell (owner) of A.R. Building Company, 12 High Street - Unit 2, Westerly, RI dated September 13, 2018.
3.	The Application was received by the Board and File  180109 was opened on September 13, 2018.
4.	A hearing on the Application was conducted on September 25, 2018 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review including Chairman Newbrook and Commissioners Walker and Davison.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Davison and seconded by Commissioner Walker to recommend granting the Applicant relief as outlined herein.  The motion passed on a 3 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on October 2, 2018 at which time Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Jackson, Sylvester, Booth and Thornton were in attendance.  At that time a motion was made by Commissioner Sylvester and seconded by Commissioners Booth and Thornton to accept the subcommittee recommendations and grant the Applicant 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  180109 and are pertinent to the decision rendered:

1.	Variance Application  180109 dated September 13, 2018 and filed on September 13, 2018.
a.	Request for expedited hearing dated September 13, 2018 
2.	North Kingstown Fire Marshals Office Plan Review Report dated July 6, 2018.

EXHIBITS

The following documents were presented at the September 25, 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 July 6, 2018 plan review 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 September 25, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the July 6, 2018 plan review 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 a new 4-story apartment (45 unit) occupancy.
3.	The building is of wood frame construction, has a compliant fire alarm system and is provided with an approved automatic sprinkler system with an automatic fire pump.
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

References to NFPA shall mean the National Fire Protection Association; references to the Rhode Island Fire Code [RIFC] shall mean NFPA 1, (2012 edition) as reserved and amended by 450-RICR-00-00-7; and, references to the Rhode Island Life Safety Code [RILSC] shall mean NFPA 101, (2012 edition) as reserved and amended by 450-RICR-00-00-8.

1.	The Board hereby grants the Applicant a variance from the provisions of RIFC section 13.4.1.1 and NFPA 20 (2010) section 4.12.2.1.1 by allowing the existing fire pump installation to remain in use without modification (1-hour fire-resistance rated access passageway).  In granting this relief, the Board finds that the pending adoption of the 2015 edition of NFPA 1, which references the 2013 edition of NFPA 20 [1:2.2], would permit this condition as code compliant [20:4.12.2.1.2].

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.
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)].