As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, November 5, 2019 before an on-site subcommittee of the Fire Safety Code Board of Appeal and Review [hereinafter the Subcommittee], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5 and 450-RICR-00-00-1.7.2(E)  (I).
	In attendance at the on-site subcommittee hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Filippi and ODonnell.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Timothy Lutz, Sr. and Joseph Schindler of the Providence Fire Marshals Office.
APPLICANT: Peter Cerilli, Esq., Wade Palazini, Liam Lynch and Richard Normande.
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 [hereinafter the Board], and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Peter Cerilli (authorized representative) of HBCA, 50-56 Pine Street, Providence, RI dated July 2, 2019.
3.	The Application was received by the Board and File  190112 was opened on July 9, 2019.
4.	The matter was originally before the Board on August 20, 2019 at which time Chairman Newbrook and Commissioners Walker, Booth, Thornton and Davison were present.  At that time a motion was made by Commissioner Thornton and seconded by Commissioner Davison to schedule the matter for an on-site subcommittee hearing in accordance with section 450-RICR-00-00-1.7.2(E) pursuant to requests of the Applicant and the AHJ.  The motion passed on a 5 to 0 vote.
5.	On November 5, 2019 at 10:00 AM an on-site subcommittee meeting was held at the subject facility at which time Chairman Newbrook and Commissioners Filippi and ODonnell and Executive Director Burlingame were present.  Also in attendance were Wade Palazini, Peter Cerilli, Esq., Liam Lynch and Richard Normande for the Applicant and Assistant Deputy State Fire Marshals Timothy Lutz and Joseph Shindler of the Providence Fire Marshal's Office.
6.	After all evidence was presented at the on-site subcommittee hearing, a motion was made by Commissioner ODonnell and seconded by Commissioner Filippi to recommend to the full Board to grant the Applicant the relief as outlined herein.  The motion passed on a 3 to 0 vote.
7.	A subsequent hearing on the Application was conducted on November 5, 2019 at 1:00 PM before the Fire Safety Code Board of Appeal and Review at which time Chairman Newbrook and Commissioners Filippi, Booth, Thornton, ODonnell and Muto were present.
8.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Muto to approve the subcommittee recommendations and grant 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  190112 and are pertinent to the decision rendered:

1.	Variance Application  190112 dated July 2, 2019 and filed on July 9, 2019.
a.	Attached Plan of Action dated July 3, 2019
2.	Providence Fire Marshals Office Inspection Report dated August 21, 2018.
3.	Reschedule Notice dated August 29, 2019.
4.	Reschedule Notice dated September 20, 2019.

EXHIBITS

The following documents were presented at the November 5, 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 August 21, 2018 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Subcommittee, the Applicant and the Providence Fire Marshals Office during the November 5, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the August 21, 2018 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 7-story above grade building with a basement level, classified as a multiple/mixed use (assembly and business) occupancy, consisting of approximately forty-two thousand two hundred forty-five (42,245) square feet (gross area) and originally built in 1900.
3.	The building is of Type III (200) or Type IV (2HH) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is provided with an approved (with deficiencies) automatic sprinkler and standpipe system.
4.	The Board finds that at eighty-one (81) feet in height above the lowest level of fire department vehicle access, the building has been properly classified as a high-rise building in accordance with RILSC section 3.3.36.7.
5.	There is no objection by the Providence Fire Marshals Office to the granting of the relief outlined herein with the exception of an objection to granting relief for Items  28 and 30.  In granting this relief, the Board finds that the configuration of the egress system of the building, construction type limitations and the limited occupant load observed support the Applicants request for relief from certain high-rise fire alarm requirements of the Code.  Further, the Board finds that the additional stairwell smoke detection which is to be provided will increase the overall safety of the building and its occupants.

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.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 9.4.7 by allowing the existing egress configuration of the elevator/exit stair enclosure 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 automatic smoke curtains at each elevator opening in conjunction with the fire alarm system upgrade discussed below, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
7.	This deficiency has been corrected.
8.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.2.1.1(2) by allowing the existing south exit stair (metal spiral) to remain in use without modification based upon a structural hardship.
9.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.1.2.3.2(4) by allowing the existing south exit stair (metal spiral) 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 a handrail on the outside wall and to encase any exposed wiring within ninety (90) days of the date of the decision, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
10.	EGRESS: The Board hereby grants the Applicant a time variance of ninety (90) days from the date of the decision to comply with the provisions of RILSC section 8.3.3.9 by providing compliant access doors to the south stair, at the direction and to the satisfaction of the Providence Fire Marshals Office.
11.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.5.1(1) by allowing the existing south exit stair (metal spiral) 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 reflective tape, signage and/or protective foam padding, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
12.	EGRESS: The Board hereby grants the Applicant a time variance of ninety (90) days from the date of the decision to comply with the provisions of RILSC section 7.1.3.2.3 by removing all storage from within the south stair, at the direction and to the satisfaction of the Providence Fire Marshals Office.
13.	This deficiency has been corrected.
14.	EXTINGUISHMENT: The Board hereby grants the Applicant a time variance of two (2) years from the date of the decision to comply with the provisions of RIFC sections 13.3.1.1 and 13.3.1.2 by providing this facility with an approved supervised automatic sprinkler system in accordance with NFPA 13 (2013), at the direction and to the satisfaction of the Providence Fire Marshal's Office.
a.	The above time relief shall apply to Items 14-A ( 1 through 10) and Items 14-B ( 1 through 4, and 6  it is noted that  5 has been corrected).
b.	In consideration of the relief granted herein, the Board directs the Applicant to correct all sprinkler maintenance items such as missing escutcheons and sprinkler head locations resulting in skipping within ninety (90) days of the date of the decision, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
15.	EMERGENCY LIGHTING: The Board hereby grants the Applicant a time variance of ninety (90) days from the date of the decision to comply with the provisions of RILSC sections 39.2.9.1 and 7.9.3.1 by providing this facility with approved emergency lighting in accordance with section 7.9, at the direction and to the satisfaction of the Providence Fire Marshals Office.
16.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 8.3.3.9, 8.3.3.11, 39.2.2.2.1 and 7.2.1.4.2(2) by allowing the existing north exit stair doors 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 closely-spaced proximate sprinkler protection within one (1) year of the date of the decision, at the direction and to the satisfaction of the Providence Fire Marshal's Office.  The Board notes that Item 16(3) has been corrected.
17.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 39.2.5.2, 39.2.1.1 and 7.5.2.1 by allowing the existing 3rd floor dead-end corridor 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 free egress to the south stair, compliant locking mechanisms and approved egress markings within ninety (90) days of the date of the decision, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
18.	This deficiency has been corrected.
19.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.10.1.5.1 by allowing the existing 2nd floor fire escape access 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 free access, compliant locking mechanisms and approved egress markings within ninety (90) days of the date of the decision, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
20.	This deficiency has been corrected.
21.	The basement level is presently vacant and is subject to a current plan review by the Providence Fire Marshal's Office.  All deficiencies will be corrected prior to occupancy of the space.
22.	This deficiency will be corrected with the completion of item  21, above.
23.	This deficiency will be corrected with the completion of item  21, above.
24.	This deficiency will be corrected with the completion of item  21, above.
25.	This deficiency will be corrected with the completion of item  21, above.
26.	This deficiency has been corrected.
27.	EGRESS: The Board hereby grants the Applicant a time variance of ninety (90) days from the date of the decision to comply with the provisions of RILSC section 7.2.2.4.5.2(3) by providing approved fire escape guardrails, at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board further holds that if during this time that it is determined that the south stair egress has been brought into compliance, no further action is required as it relates to the fire escape.
28.	FIRE ALARM: The Board hereby grants the Applicant a time variance of one (1) year from the date of the decision to comply with the fire alarm provisions of RILSC chapters 11, 13 and 39 by providing this facility with an approved fire alarm system in accordance with section 9.6, as modified below, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
a.	The above time relief shall apply to Items 28 through 37, as modified below.
b.	A variance is granted from the provisions of RILSC sections 11.8.4.3 and 9.6.3.6.2 by holding that an emergency voice / alarm communication system shall not be required and that building-wide general evacuation signaling in lieu of high-rise selective evacuation signaling shall be permitted.  In granting this relief, the Board notes the objection by the Providence Fire Marshal's Office.
c.	As a condition of this relief, the stairwell smoke detector requirements of section 11.8.4.4 are waived and the requirements of section 9.6.2.11(1) shall be applicable.
d.	In consideration of the relief granted herein, the Board directs the Applicant to develop and implement a program of emergency egress/fire drills for the facility in accordance with sections 13.7.7 and 39.7.2, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
29.	This deficiency will be corrected with the completion of item  28, above.
30.	This deficiency will be corrected with the completion of item  28, above.
31.	This deficiency will be corrected with the completion of item  28, above.
32.	This deficiency will be corrected with the completion of item  28, above.
33.	This deficiency will be corrected with the completion of item  28, above.
34.	This deficiency will be corrected with the completion of item  28, above.
35.	This deficiency will be corrected with the completion of item  28, above.
36.	This deficiency will be corrected with the completion of item  28, above.
37.	This deficiency will be corrected with the completion of item  28, above.
38.	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)].