As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, December 4, 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 Filippi, Pearson, Walker, Sylvester, Booth, Davison and ODonnell.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals John Horan and Marc Rizzo of the North Providence Fire Marshals Office.
APPLICANT: Richard McCluskie.
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 Richard McCluskie (authorized representative) of Vista Management, 1455 Mineral Spring Avenue, North Providence, RI dated November 5, 2018.
3.	The Application was received by the Board and File  180136 was opened on November 20, 2018.
4.	The property was previously before the Board on January 18, 2011 at which time Decision  100311 was issued dated March 31, 2011.
5.	A hearing on the Application was conducted on December 4, 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 Walker and seconded by Commissioner Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on a 9 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180136 and are pertinent to the decision rendered:

1.	Variance Application  180136 dated November 5, 2018 and filed on November 20, 2018.
a.	Letter of authorization for Richard McCluskie from Laurence Levey dated November 16, 2018 
2.	North Providence Fire Marshals Office Inspection Report dated May 17, 2018.

EXHIBITS

The following documents were presented at the December 4, 2018 hearing as exhibits:

1.	AHJ photographs.

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 May 17, 2018 inspection report compiled by the North Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the December 4, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the May 17, 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 above grade building without a basement level, classified as an apartment (51 unit) occupancy, consisting of approximately thirty-nine thousand three hundred fifteen (39,315) square feet (gross area) and originally built in 1984.
3.	The building is of Type V (111) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
4.	There is no objection by the North Providence 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.	EGRESS: 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 section 7.5.3 by developing and submitting a plan of action for providing a compliant exterior way of access throughout the facility.  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 North Providence Fire Marshals Office.
2.	This deficiency will be corrected with the completion of item  1, above.
3.	This deficiency will be corrected with the completion of item  1, above.
4.	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 this facility with approved self-closing and self-latching devices, at the direction and to the satisfaction of the North Providence Fire Marshal's Office.
5.	This deficiency will be corrected with the completion of item  1, above.
6.	The Board finds that this is not a violation and acknowledges the objection of the North Providence Fire Marshals Office.
7.	This deficiency will be corrected with the completion of item  1, above.
8.	[Listed as  9]  EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.2.2.4.3 by providing compliant handrails for the stairs in the egress system of this facility, at the direction and to the satisfaction of the North Providence Fire Marshal's Office.
9.	[Listed as  10]  This deficiency will be corrected with the completion of item  8, above.
10.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6 by providing this facility with an approved fire alarm system, at the direction and to the satisfaction of the North Providence Fire Marshal's Office.
11.	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 any furnace or boiler, electrical room and/or storage closet in accordance with RILSC Table 31.3.2.1.1, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
12.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 31.2.1.2 and 24.2.2.1 by providing a step(s) for the escape window in Unit  37 (and other units as necessary), at the direction and to the satisfaction of the North Providence Fire Marshals Office.
13.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.1.10.1 by removing or relocating and air conditioning units blocking required means of escape windows, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
14.	This deficiency has been corrected.
15.	EGRESS LIGHTING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.8 by providing this facility with approved egress lighting in accordance with section 7.8, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
16.	EMERGENCY LIGHTING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.9 by providing this facility with approved emergency lighting in accordance with section 7.9, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
17.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
18.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.6.4 by providing the doors in the egress system of this facility with approved self-closing and self-latching devices, at the direction and to the satisfaction of the North Providence Fire Marshal's Office.

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)].