As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 11, 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 Pearson, Booth, Thornton, Davison and ODonnell.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Traci Choiniere and Kaitlyn Iannone of the State Fire Marshals Office.
APPLICANT: Tricia Quest, Esq., Mary Kay, Esq. and Kira Favro.
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 Tricia Quest, Esq. (authorized representative) of RIDEM, 235 Promenade Street, Providence, RI dated [undated].
3.	The Application was received by the Board and File  190072 was opened on May 24, 2019.
4.	A hearing on the Application was conducted on June 11, 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 Davison to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 0 vote with Commissioner Pearson abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190072 and are pertinent to the decision rendered:

1.	Variance Application  190072 dated [undated] and filed on May 24, 2019.
a.	Attached Plan of Action dated June 10, 2019
2.	State Fire Marshals Office Inspection Report dated April 26, 2019.

EXHIBITS

The following documents were presented at the June 11, 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 Findings of Fact:

1.	The numbers of the Decision below correspond with those of the April 26, 2019 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 June 11, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the April 26, 2019 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 2-story above grade building without a basement level, classified as an assembly (museum) occupancy, consisting of approximately twelve thousand nine hundred eighty-eight (12,988) square feet (gross area).
3.	The building is of Type III (200) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the facility has been calculated at approximately three hundred fifty (350) persons.
5.	It is the understanding of the Board that long-term improvements to the building are planned to take place over the next five (5) years at which time a number of the structural deficiencies will be addressed.
6.	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

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.	This deficiency has been corrected.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	MINIMUM CONSTRUCTION REQUIREMENTS: The Board hereby grants the Applicant a time variance of five (5) years from the date of the decision to comply with the provisions of RILSC section 13.1.6 by allowing the existing second floor of the facility to remain in use without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to abide by the following conditions:
a.	Occupant load is limited to no more than twenty (20) persons;
b.	Occupancy is limited to artists and staff only  the public is not allowed on this level; and,
c.	Occupancy is limited to the so-called front rooms only.
8.	VERTICAL OPENINGS: The Board hereby grants the Applicant the time variance outlined in item 7 above to comply with the provisions of RILSC section 13.3.1 by allowing the existing second floor of the facility to remain in use without modification based upon a structural hardship.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	EGRESS: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 13.2.2.2 by developing and submitting a plan of action for the replacement of noncompliant door locks in the main stage area of 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 State Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to develop and institute a policy wherein the slide locks are removed whenever the area in question is occupied, at the direction and to the satisfaction of the State Fire Marshal's Office.
12.	This deficiency has been corrected.
13.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 7 above to comply with the provisions of RILSC section 13.3.5 by allowing the existing facility to remain in use without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to restrict the total occupant load of the facility to no more than two hundred ninety-nine (299) persons, inclusive of staff, performers and the public, until such time that automatic sprinkler protection is provided.
14.	This deficiency has been corrected.
15.	The Board has determined that this item is not a deficiency and further direct the Applicant to install NO EXIT signage at the cited door in accordance with RILSC section 7.10.8.3, at the direction and to the satisfaction of the State Fire Marshal's Office.
16.	The Board has determined that there are duplicate violations cited as  16:
a.	(1) This deficiency has been corrected.
b.	(2) This deficiency has been corrected.
17.	This deficiency has been corrected.
18.	This deficiency has been corrected.
19.	WATER SUPPLY: The Board hereby grants the Applicant a variance from the provisions of RIFC section 13.5 by allowing the existing private fire hydrant cited to remain in use without modification based upon a structural hardship.  It is the understanding of the Board that it is only the center steamer port that is not functional; that the two (2) side ports have been repaired and are functional; and, notification of this condition has been provided to the Newport Fire Department.
20.	This deficiency has been corrected.
21.	The Board has determined that this item is not a deficiency based upon the restrictions previously set forth in items  7 and  13.
22.	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).

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)].