As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, November 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, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals David Pastore and David DiMaio of the State Fire Marshals Office.
APPLICANT: Ricardo Quiterio and Scott Patefield.
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 Ricardo Quiterio c/o Rhode Island Hospital (authorized representative) of 17 Virginia Avenue, Providence, RI dated October 12, 2018.
3.	The Application was received by the Board and File  180126 was opened on October 23, 2018.
4.	A hearing on the Application was conducted on November 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 Thornton and seconded by Commissioner Filippi 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  180126 and are pertinent to the decision rendered:

1.	Variance Application  180126 dated October 12, 2018 and filed on October 23, 2018.
a.	Attached Plan of Action dated October 12, 2018
b.	Letter of authorization for Ricardo Quiterio and Scott Patefield from Nicholas Dominick, Jr. dated October 12, 2018 
2.	State Fire Marshals Office Inspection Report dated July 10, 2018.

EXHIBITS

The following documents were presented at the November 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 July 10, 2018 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the November 27, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the July 10, 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 15-story above grade building with two basement levels, classified as a multiple/mixed use (health care, business and industrial) occupancy, consisting of approximately three hundred forty-five thousand one hundred fifty-six (345,156) square feet (gross area) and originally built in 1972.
3.	The building is of Type II (222) construction, has an approved (with deficiencies) fire alarm system and is provided with an approved (with deficiencies) automatic sprinkler system.
4.	There is no objection by the State 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.	EXTINGUISHING SYSTEM: The Board grants the Applicant a time variance of ninety (90) days from the date of the decision to comply with the provisions of RILSC section 19.4.2.1 by providing automatic sprinkler coverage for the areas listed as miscellaneous areas as set forth in Applicants ATTACHMENT 1 section A(a).  The Board further grants the Applicant a time variance of two (2) years from the date of the decision to comply with the provisions of RILSC section 19.4.2.1 by providing automatic sprinkler coverage for the areas listed as absence of sprinkler coverage in areas as set forth in Applicants ATTACHMENT 1 section A(b).  In consideration of the relief granted herein, the Board directs the Applicant to implement the plan of action for doubling the amount of fire drills and fire alarm testing until this item is corrected.
2.	This deficiency has been corrected.
3.	FIRE ALARM: The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC section 19.3.4.5.1 by providing this facility with an approved fire alarm system throughout the facility in accordance with section 9.6, at the direction and to the satisfaction of the State Fire Marshal's Office.
4.	This deficiency has been corrected.
5.	SPECIAL HAZARD PROTECTION: The Board hereby grants the Applicant a time variance of one hundred eighty (180) days from the date of the decision to comply with the provisions of RIFC section 60.4.1 by providing the 11th and 12th floors of this facility with approved quick-response sprinkler protection, provide additional safety training for the staff involved and to pursue an alternate storage container/system for the flammable liquids in use within the laboratory hoods, at the direction and to the satisfaction of the State Fire Marshal's Office.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.

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)].