As indicated in the file, a hearing involving the above-captioned properties was conducted on Tuesday, July 9, 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, Davison, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals James Gumbley, Kaitlyn Iannone, Robbie Lopez and William Leahy of the State Fire Marshals Office.
APPLICANT: Steven Denoyelle, Kevin Savage, Carl Hyllested and Attorney Gail Theriault.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
TRAVEL OF THE CASE

1.	These are Applications 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 Applications were filed by Attorney Gail Theriault, c/o RI BHDDH, 14 West Road  Hazard Building, Cranston, RI dated June 14, 2019.
3.	The Applications were received by the Board and Files  190078 through 19009 were opened on June 14, 2019.
4.	A hearing on the Applications was conducted on July 9, 2019 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, several motions were made to grant the Applicant the relief as outlined below in the CONCLUSIONS OF LAW AND DETERMINATIONS ON VARIANCE REQUESTS section:
a.	Motion by Commission Pearson and second by Commissioner Sylvester passed on an 8 to 0 vote.
b.	Motion by Commission Thornton and second by Commissioner ODonnell passed on an 8 to 0 vote.
c.	Motion by Commission Thornton and second by Commissioner Sylvester passed on an 8 to 0 vote.
d.	Motion by Commission Pearson and second by Commissioner Booth passed on an 8 to 0 vote.
e.	Motion by Commission Thornton and second by Commissioner Davison passed on an 8 to 0 vote.
f.	Motion by Commission Pearson and second by Commissioner Thornton passed on an 8 to 0 vote.
g.	No action taken.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeals  190078 through 190097 and are pertinent to the decision rendered:

1.	Variance Applications  190078 through 190097 dated June 14, 2019 and filed on June 14, 2019.
a.	Plan of action spreadsheet dated June 13, 2019.
2.	State Fire Marshals Office Inspection Reports:
a.	190078		August 11, 2018
b.	190079		September 22, 2017
c.	190080		May 8, 2019
d.	190081		June 6, 2019
e.	190082		May 8, 2019
f.	190083		May 24, 2019
g.	190084		November 22, 2017
h.	190085		May 24, 2019
i.	190085		May 24, 2019
j.	190087		December 18, 2017
k.	190088		May 8, 2019
l.	190089		May 22, 2019
m.	190090		September 19, 2017
n.	190091		May 24, 2019
o.	190092		February 25, 2019
p.	190093		April 24, 2018
q.	190094		November 14, 2017
r.	190095		April 24, 2018 with July 3, 2019 addendum
s.	190096		October 18, 2018
t.	190097		May 20, 2019
3.	Applicants revised plan of action and spreadsheet dated July 3, 2019.

EXHIBITS

The following documents were presented at the July 9, 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 Decision below corresponds with the July 3, 2019 plan of action report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the July 9, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the July 3, 2019 plan of action 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.	There is no objection by the SFMO to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby incorporates and modifies the Applicants plan of action dated July 3, 2019 as follows:
a.	[190079190091] EXTINGUISHMENT: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply by developing and submitting a plan of action for the installation of an approved automatic sprinkler system in accordance with section 9.7 throughout the thirteen (13) listed residential facilities.  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.  The Board hereby authorizes the State Fire Marshals Office to twice 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), for a combined total not to exceed an additional one hundred eighty (180) days;
b.	[190092190096] EXTINGUISHMENT: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply by developing and submitting a plan of action for the installation of an approved automatic sprinkler system in accordance with section 9.7 throughout the listed five (5) residential facilities.  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 comply with the fire alarm system emergency generator interface at the 4705B Old Post Road, Charlestown, RI facility within sixty (60) days of the date of the decision.  The Board hereby authorizes the State 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);
c.	[190097] 2 Testa Circle, Scituate, RI: The Board hereby grants the Applicant a time variance from compliance until September 30, 2019 at which time the facility will be vacated and closed;
d.	[190084] 143 Chestnut Hill Avenue, Cranston, RI: The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with all outstanding fire alarm system and carbon monoxide (CO) detection violations, at the direction and to the satisfaction of the State Fire Marshal's Office;
e.	[190086] 7 Cooke Drive, Scituate, RI: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with all outstanding fire alarm system violations, at the direction and to the satisfaction of the State Fire Marshal's Office;
f.	[190091] 116B Long Street, Warwick, RI: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with all outstanding door hardware violations, at the direction and to the satisfaction of the State Fire Marshal's Office.  It is the understanding of the Board that the State Fire Marshal's Office will immediately issue a 48-hour notice to the facility ownership to correct all storage and combustible materials violations; and,
g.	[190078] 181 Cumberland Street, Woonsocket, RI: the facility is currently not in use as an educational occupancy  compliance required prior to future occupancy.  The State Fire Marshal's Office will re-inspect the facility as a business occupancy to determine if any violations exist or if relief is required.

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 6-2-22).
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 6-2-23.)  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 6-2-24).
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 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 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 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].