As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, April 30, 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, Vice-Chairman Blackburn and Commissioners Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Christopher Koretski and Keith Maine of the Watch Hill Fire Marshals Office.
APPLICANT: Daniel Hostettler, Joseph Adcock and Antonia Korosec.
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 Danial Hostettler (authorized representative) of Ocean House, 2 Bluff Avenue, Westerly, RI dated February 27, 2019.
3.	The Application was received by the Board and File  190031 was opened on March 13, 2019.
4.	A hearing on the Application was conducted on April 30, 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 Vice-Chairman Blackburn to grant the Applicant the 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  190031 and are pertinent to the decision rendered:

1.	Variance Application  190031 dated February 27, 2019 and filed on March 13, 2019.
a.	Attached Plan of Action dated [undated].
b.	Letter of authorization for Antonia Korosec, Joseph Adcock and Gabby Artola from Daniel Hostettler dated March 1, 2019 
2.	Watch Hill Fire Marshals Office Inspection Report dated January 22, 2019.
3.	Reschedule Notice dated March 26, 2019.
4.	Watch Hill Fire Marshals Office Inspection Progress Report dated April 23, 2019.

EXHIBITS

The following documents were presented at the April 30, 2019 hearing as exhibits:

1.	Applicants photographs relating to items  24, 25, 38, 47, 65, 68, 71 & 91.

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 April 23, 2019 inspection progress 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 April 30, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the April 23, 2019 inspection progress 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 5-story above grade building without a basement level, classified as a hotel occupancy with several ancillary uses, consisting of approximately one hundred fifty-three thousand six hundred forty-one (153,641) square feet (gross area) and originally built in 2009.
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 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 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, (2012 edition) as incorporated by reference and amended by 450-RICR-00-00-8.

1.	EXTINGUISHMENT: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of RIFC section 13.3.1.2 and NFPA 13 (2010) section 8.5.6.1 by providing this facility with an approved automatic sprinkler system, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	EXTINGUISHMENT: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of RIFC section 13.3.1.2 and NFPA 13 (2010) section 6.2.6.1.1 by providing this facility with an approved automatic sprinkler system, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
5.	OCCUPANT LOAD: The Board hereby grants the Applicant sixty (60) days from the date of the decision to comply with the provisions of RIFC section 20.1.5.10.3.1 by providing this facility with approved assembly space occupant load signage, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant sixty (60) days from the date of the decision [hereinafter Phase II] to comply with the provisions of RIFC section 13.7.1.4.8.7 by removing any obstructions to the manual fire alarm box, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
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.	EXTINGUISHMENT: The Board hereby grants the Applicant sixty (60) days from the date of the decision to comply with the provisions of RIFC section 10.1.3 by providing this facility with approved automatic sprinkler system signage, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
14.	FIRE PROTECTION MARKINGS: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of RIFC section 10.12.1.1 by providing this facility with an approved address signage, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
15.	This deficiency has been corrected.
16.	This deficiency has been corrected.
17.	This deficiency has been corrected.
18.	This deficiency has been corrected.
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.	EGRESS: The Board hereby grants the Applicant sixty (60) days from the date of the decision to comply with the provisions of RILSC section 7.5.2.2.1 by developing and implementing a plan of action to address the doors, curtains and markings of the cited egress doors, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
25.	This deficiency will be corrected with the completion of item  24, above.
26.	This deficiency will be corrected with the completion of item  24, above.
27.	EGRESS: The Board hereby grants the Applicant sixty (60) days from the date of the decision to comply with the provisions of RILSC section 10.3.1 by developing and implementing a plan of action to address the cited egress, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
28.	This deficiency has been corrected.
29.	EGRESS: The Board hereby grants the Applicant sixty (60) days from the date of the decision to comply with the provisions of RILSC section 7.10.8.3.1 by providing approved egress signage, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
30.	This deficiency has been corrected.
31.	This deficiency has been corrected.
32.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant thirty (30) days from the date of the decision [hereinafter Phase I] to comply with the provisions of NFPA 72 (2013 edition) section 17.14.6 by providing a manual fire alarm box at the club room egress door, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
33.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a time variance until March 1, 2020 [hereinafter Phase III] to comply with the provisions of NFPA 72 (2013 edition) section 17.14.6 by providing a manual fire alarm box at the front egress door, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
34.	This deficiency has been corrected.
35.	This deficiency has been withdrawn.
36.	This deficiency has been corrected.
37.	This deficiency has been corrected.
38.	EXTINGUISHMENT: The Board hereby grants the Applicant sixty (60) days from the date of the decision to comply with the provisions of RIFC section 10.19.5.1 by providing the HVAC mechanical room of this facility with additional approved automatic sprinkler system coverage, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
39.	This deficiency has been corrected.
40.	This deficiency has been corrected.
41.	This deficiency has been corrected.
42.	COMMERCIAL COOKING: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of NFPA 96 (2011 edition) section 11.2.3 by providing a compliant cooking suppression system, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
43.	This deficiency will be corrected with the completion of item  42, above.
44.	This deficiency has been corrected.
45.	This deficiency has been corrected.
46.	This deficiency has been corrected.
47.	FIRE ALARM SYSTEM: 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 9.6 by developing and submitting a plan of action for the installation of an approved fire alarm system throughout the facility.  The Board further grants the Applicant until March 1, 2020 to implement the above plan of action, at the direction and to the satisfaction of the Watch Hill Fire Marshals Office.  In consideration of the relief granted herein, the Board recommends that the Applicant engage a code consultant or design professional to assist in assessing the status of the fire alarm system and developing the plan of action.
48.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of RILSC section 9.6.2.11 by providing an approved fire alarm system, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.  [Phase I]
49.	This deficiency will be corrected with the completion of item  33, above. [Phase III]
50.	This deficiency has been corrected.
51.	This deficiency has been corrected.
52.	This deficiency has been corrected.
53.	This deficiency has been corrected.
54.	This deficiency has been corrected.
55.	FIRE PROTECTION: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of NFPA 25 (2011) section 7.3.2 by providing certification of the inspection, testing & maintenance of the facility yard fire hydrant, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
56.	This deficiency has been corrected.
57.	EXTINGUISHMENT: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of NFPA 25 (2011) section 5.3.1.1.1.6 by providing this facility with an approved automatic sprinkler system, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
58.	This deficiency has been corrected.
59.	This deficiency has been corrected.
60.	This deficiency has been corrected.
61.	This deficiency will be corrected with the completion of item  33, above.  [Phase III]
62.	This deficiency has been corrected.
63.	EGRESS: The Board hereby grants the Applicant sixty (60) days from the date of the decision to comply with the provisions of RIFC section 10.1.7 by providing an approved door for the beer room, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
64.	This deficiency will be corrected with the completion of item  63, above.
65.	EGRESS: The Board hereby grants the Applicant sixty (60) days from the date of the decision to comply with the provisions of RILSC section 7.1.3.2 by removing the storage closet inside stairwell  3, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
66.	CROWD MANAGERS: Compliance with this requirement is deferred to the availability and scheduling by the State Fire Marshal's Office.
67.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of NFPA 72 (2013 edition) section 17.7.4 by providing an approved fire alarm system, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.  [Phase I]
68.	COMMERCIAL COOKING: The Board hereby grants the Applicant a variance from the provisions of NFPA 96 (2011) section 4.1.1 by allowing the existing Wine & Culinary Center cooking equipment to remain in use without modification based upon a structural hardship.
69.	This deficiency has been corrected.
70.	ELECTRICAL SAFETY: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of RIFC section 11.1.3 by providing approved electrical devices in the pool maintenance room, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
71.	COMMERCIAL COOKING: The Board hereby grants the Applicant sixty (60) days from the date of the decision to comply with the provisions of NFPA 96 (2011) section 4.1.1 by providing the existing caf cooking equipment [donut maker] with an approved suppression system, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
72.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of RILSC section 9.6.1.4 by providing an approved fire alarm system, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.  [Phase I]
73.	This deficiency has been corrected.
74.	This deficiency has been corrected.
75.	FIRE PROTECTION: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of NFPA 25 (2011) section 7.4.2.1 by providing certification of the inspection, testing & maintenance of the facility yard fire hydrant, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
76.	 82.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of RILSC section 9.6 by providing an approved fire alarm system, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.  [Phase I]
83.	This deficiency has been corrected.
84.	This deficiency has been corrected.
85.	This deficiency has been corrected.
86.	This deficiency has been corrected.
87.	This deficiency has been corrected.
88.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of RILSC section 9.6 by providing an approved fire alarm system, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.  [Phase I]
89.	This deficiency has been corrected.
90.	This deficiency has been corrected.
91.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.6.2 by allowing the existing donut shop egress to remain in use without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to provide approved cautionary signage or markings, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
92.	This deficiency has been corrected.
93.	The Board hereby grants the Applicant sixty (60) days from the date of the decision to comply with the provisions of RIFC section 1.14.1 by obtaining approved local permits for the work performed in the housekeeping offices, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
94.	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).

The Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for the completion of this project as it relates to fire alarm system modifications or improvements.

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 450-RICR-00-00-1.7.2(X).

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)].