As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, October 22, 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 and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Scott Derry of the Providence Fire Marshals Office.
APPLICANT: Pippi Zornoza, Jonathan Chambers and Xander Marro.
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 Pippi Zornoza (owner) of 28 Whitmarsh Street, Providence, RI dated August 22, 2019.
3.	The Application was received by the Board and File  190138 was opened on August 28, 2019.
4.	A hearing on the Application was conducted on October 22, 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 Pearson and seconded by Commissioner Muto to DENY 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  190138 and are pertinent to the decision rendered:

1.	Variance Application  190138 dated August 22, 2019 and filed on August 28, 2019.
2.	Providence Fire Marshals Office Plan Review Report (email) dated August 22, 2019.

EXHIBITS

The following documents were presented at the October 22, 2019 hearing as exhibits:

1.	Applicants A: Drawings  FA-0.0 through FA-5.0 dated June 10, 2017.

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 Decision below corresponds with the August 22, 2019 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the October 22, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the August 22, 2019 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 building is an existing 3-story (incorporating two occupiable 5-story towers) above grade building with a basement level, classified as a lodging or rooming house occupancy, consisting of approximately nine thousand (9,000) square feet (gross area) and originally built in 1930.
3.	The building is of Type V (000) construction, will have a compliant fire alarm system and will not be provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the facility has been calculated at sixteen (16) guests plus accommodations for a caretaker(s).
5.	The Board finds through the testimony of the Applicant that the building, known as the Wedding Cake House, is currently included in the Broadway-Armory Historic District of Providence.
6.	The Board finds through the testimony of the Applicant and the AHJ that the building was originally built as a private home, which is its most recent legal use prior to conversion.
7.	The Board finds that the building meets the following requirements to allow it to be classified as a Bed and Breakfast Home in accordance with RILSC section 26.1.1.1.1:
a.	Owner and/or innkeeper occupied;
b.	Accommodations for up to sixteen (16) guests;
c.	Originated as a private home;
d.	Provides at least three hundred (300) square feet of common space for guest use;
e.	Provides breakfast; and,
f.	The owner and/or innkeeper shall occupy the building at all times that guests are in the facility.
8.	The Board further finds that pursuant to this Bed and Breakfast Home classification, the requirements of sections 26.1.1.1.1 through 26.12.1.1.7 are controlling and the building is exempt from any additional provisions of Chapter 26.
9.	The Board further finds that in the instant matter the provisions of sections 26.1.1.1.6(1) through (9) are applicable to provide a minimum level of life safety for the limited classification.  In making this determination, the Board finds that absent any significant mitigating factors, relief from these limited provisions is not warranted or justified.
10.	The Board notes the objection by the Providence Fire Marshals Office to the granting of the relief requested herein, more specifically outright relief from the requirements of section 26.1.1.1.6(3) relating to two (2) sliding pocket doors located in common spaces on the first floor.

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 DENIES the Applicants request for relief from the provisions of RILSC section 26.1.1.1.6(3) to eliminate door self-closing devices on the two (2) first floor common area doors [Reception Office / Common Area and Lounge Breakfast Room / Common Area].
2.	The Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future to present an alternate plan of action or should additional issues be identified and relief be required for the completion of this project or to obtain a certificate of occupancy.

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)].