As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, February 20, 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, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal David Pastore of the State Fire Marshals Office.
APPLICANT: Ricardo Quiterio.
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 (authorized representative) of Rhode Island Hospital, 17 Virginia Avenue, Providence, RI dated [undated].
3.	The Application was received by the Board and File  180013 was opened on January 31, 2018.
4.	A hearing on the Application was conducted on February 20, 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 Jackson to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.
6.	Upon a joint request by the Applicant and the AHJ, a request was submitted to review the findings in Variance  8 of the Decision.  Following a review of the audio recording of the February 20, 2018 hearing, an on-site review of the conditions in question was conducted on January 7, 2019 at 9:30 AM.  In attendance were Deputy State Fire Marshals Kaitlyn Iannone and David Pastore of the State Fire Marshal's Office, Scott Patefield and Lloyd Ripa of Rhode Island Hospital and Executive Director Burlingame.  Accordingly, Item  8 below is amended as set forth herein to correct an administrative mistake in the written Decision to accurately reflect the record of the case pursuant to 450-RICR-00-00-1.7.2(P).

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180013 and are pertinent to the decision rendered:

1.	Variance Application  180013 dated [undated] and filed on January 31, 2018.
2.	State Fire Marshals Office Inspection Report dated January 2, 2018.

EXHIBITS

The following documents were presented at the February 20, 2018 hearing as exhibits:

1.	Applicants request to add item  10 [RIFC section 13.4.1.1 and NFPA 20 (2010 edition) sections 4.12.1.1 and 4.12.2] dated February 16, 2018 for consideration.
2.	AHJs partial floor plan sketch of Mechanical Room  PH-04 and 11th floor.
3.	AHJs photograph of top of penthouse stair.

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 January 2, 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 February 20, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the January 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 building is an existing 11-story with basement(s) healthcare occupancy consisting of approximately three hundred sixteen thousand two hundred seventy-five (316,275) square feet (gross area) and originally built in 1955.
3.	The building is of Type II (222) construction, will have a compliant fire alarm system and is provided with an approved automatic sprinkler system.
4.	The maximum occupant bed capacity of the facility has been licensed at seven hundred nineteen (719) patients.
5.	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

1.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 19.2.5.2 by allowing the two existing dead-end corridor conditions, 40 and 44 respectively, to remain in use based upon a structural hardship.
2.	EXTINGUISHMENT: The Board grants the Applicant a time variance of one hundred twenty (120) days from the date of the decision to comply with the provisions of RIFC section 13.3.2.26.2 by correcting all outstanding sprinkler system deficiencies throughout the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	EGRESS: 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 RILSC section 19.2.4.2 by creating an approved horizontal exit from the 11th floor occupied space through the adjacent mechanical space to a fire-rated stairwell, at the direction and to the satisfaction of the State Fire Marshal's Office. 
4.	FIRE ALARM: This deficiency has been corrected.
5.	COOKING FACILITIES: This deficiency has been corrected.
6.	EGRESS: This deficiency has been corrected.
7.	EGRESS: This deficiency has been corrected.
8.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 7.2.2.4.5.2 and 7.2.2.4.5.3 by allowing the existing stair(s) handrail / guard heights and openings to remain in use based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to bring the top level guard of each stair into compliance and to provide adequate protection of any guard opening at the top levels within one hundred eighty (180) days of the date of the decision, at the direction and to the satisfaction of the State Fire Marshal's Office.
9.	FIRE ALARM: This deficiency has been corrected.
10.	AUTOMATIC SPRINKLERS / FIRE PUMP: The Board hereby grants the Applicant a variance from the provisions of RIFC section 13.4.1.1 and NFPA 20 (2010 edition) sections 4.12.1.1 and 4.12.2 by allowing the existing automatic fire pump that is located in the open floor area of the basement mechanical level to remain in use based upon a structural hardship.  In granting the relief, the Board notes that this area is protected by automatic sprinklers and is a restricted-access area limited to authorized maintenance personnel only.

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 Amended 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 6-2-22).
2.	Failure of the Applicant to initially comply with the full Amended Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: FSC section 6-2-23.)  In the event of complete, timely and continued compliance with the full Amended 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 Amended 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 6-2-24).
3.	Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Amended 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 6-2-25).
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 section42-35-12, the Applicant may appeal the Boards Amended Decision, within thirty (30) days of the mailing date of this Amended Decision, by commencing an action against the State Fire Marshal in the Sixth Division of the District Court.  (See: FSC section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Amended Decision [See: RIGL section 42-35-15(c)].