As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, March 19, 2019 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 Filippi, Walker and ODonnell.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Wayne Clarke and Chris Garofalo of the Newport Fire Marshals Office.
APPLICANT: John Finnegan.
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 John Finnegan (authorized representative) of Newport Water Services / AECOM, 250 Apollo Drive, Chelmsford, MA dated [undated].
3.	The Application was received by the Board and File  190026-29 were opened on March 8, 2019.
4.	A hearing on the Application was conducted on March 19, 2019 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner ODonnell and seconded by Commissioner Filippi to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on March 26, 2019 at which time Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Pearson, Sylvester & Thornton were in attendance.  At that time a motion was made by Commissioner Sylvester and seconded by Commissioner Thornton to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190026-29 and are pertinent to the decision rendered:

1.	Variance Application  190026-29 dated [undated] and filed on March 8, 2019.
a.	Drawings (5 pages).
b.	Letter of authorization for Newport Water Services / AECOM from Julie Forgue of the City of Newport dated February 27, 2019.
2.	Newport Fire Marshals Office Plan Review Report dated October 18, 2018.

EXHIBITS

The following documents were presented at the March 19, 2019 hearing as exhibits:

1.	Site plans/drawings  A.2 and SP1.0 [4 pages].

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 October 18, 2018 plan review report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the March 19, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the October 18, 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 project is the installation of roof-top photovoltaic systems on four (4) buildings that are part of the City wastewater treatment complex.
3.	The Board finds that the buildings in question have concrete roofs that are not suitable for fire department ventilation operations; that there is adequate fire apparatus access at each building; and, that each building has exterior wall windows suitable for fire department ventilation operations.  The Board further finds that these buildings are not regularly occupied and that a maximum of eight (8) persons are routinely present on the site.
4.	There is no objection by the Newport 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, (2015 edition) as incorporated by reference and amended by 450-RICR-00-00-7; and, references to the Rhode Island Life Safety Code [RILSC] shall mean NFPA 101, (2015 edition) as incorporated by reference and amended by 450-RICR-00-00-8.

1.	The Board hereby grants the Applicant a variance from the provisions of RIFC section 11.12.2.2.3.1 (access) and 11.12.2.2.3.2 (pathways) by allowing the proposed photovoltaic installations as designed for Buildings  1, 2, 3 and 4 without modification based upon a structural hardship and pre-existing conditions.

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)].