As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, January 8, 2019 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 Pearson, Sylvester, Booth, Thornton and ODonnell.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Christopher Koretski and Keith Maine of the Watch Hill Fire Marshals Office.
APPLICANT: Mark Szaro and Marina Speck.
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 Peter Catalano (authorized representative) of 44 Bay Street, Westerly, RI dated December 17, 2018.
3.	The Application was received by the Board and File  180143 was opened on December 28, 2018.
4.	A hearing on the Application was conducted on January 8, 2019 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 ODonnell 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  180143 and are pertinent to the decision rendered:

1.	Variance Application  180143 dated December 17, 2018 and filed on December 28, 2018.
a.	Letter of authorization for Mark Szaro from Peter Catalano dated December 21, 2018 
2.	Watch Hill Fire Marshals Office Inspection Report dated November 20, 2018.

EXHIBITS

The following documents were presented at the January 8, 2019 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 November 20, 2018 inspection report compiled by the Watch Hill Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Watch Hill Fire Marshals Office during the January 8, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the November 20, 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 property consists of two buildings:
a.	Main Building is an existing 3-story above grade building, classified as a hotel occupancy, consisting of approximately seven thousand five hundred (7,500) square feet (gross area) and originally built in 2006.
i.	The building is of steel-frame construction, has an approved (with deficiencies) fire alarm system and is provided with an approved (with deficiencies) automatic sprinkler system.
b.	Office Building is an existing 3-story above grade building, classified as a business occupancy, consisting of approximately seven thousand five hundred (7,500) square feet (gross area) and originally built in 2006.
i.	The building is of wood-frame construction, has an approved (with deficiencies) fire alarm system and is provided with an approved (with deficiencies) automatic sprinkler system.
3.	There is no objection by the Watch Hill 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.	This deficiency has been corrected.
2.	This deficiency has been corrected.
3.	FIRE ALARM 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 9.6.2.11 by installing a system-connected smoke detector in the office rear hallway, at the direction and to the satisfaction of the Watch Hill Fire Marshals Office.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	This deficiency has been corrected.
13.	This deficiency has been corrected.
14.	This deficiency has been corrected.
15.	This deficiency has been corrected.
16.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a time variance of ninety (90) days to comply with the provisions of RIFC section 13.7.1.4.10.5 by providing this facility with approved visible notification appliances in accordance with NFPA 72 in the conference room and bathrooms, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
17.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a time variance of ninety (90) days to comply with the provisions of NFPA 72 (2010 edition) section 18.4.5.3 by providing documentation of approved sound levels of the audible signaling appliances in the sleeping areas of this facility, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.  In the event that adequate sound levels cannot be attained through the existing notification appliances, the Board hereby grants the Applicant an additional one hundred eighty (180) days to provide new notification appliances, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
18.	This deficiency has been corrected.  The Board further directs that if the so-called garage space is used in the future for anything other than a garage that a review by the AHJ be undertaken for code compliance.
19.	This deficiency has been corrected.
20.	This deficiency has been corrected.
21.	This deficiency has been corrected.
22.	This deficiency has been corrected.
23.	This deficiency has been corrected.
24.	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).

Finally, the Board hereby authorizes the Watch Hill 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)].