As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, January 14, 2020 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 Filippi, Pearson, Walker, Booth, Davison and ODonnell.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Chris Garofalo of the Newport Fire Marshals Office.
APPLICANT: Anthony Nuzzo.
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 Bruce Cotta (authorized representative) of 1341 West Main Road, Middletown, RI dated October 21, 2019.
3.	The Application was received by the Board and File  190162 was opened on October 31, 2019.
4.	A hearing on the Application was conducted on January 14, 2020 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 Walker and seconded by Commissioner ODonnell to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190162 and are pertinent to the decision rendered:

1.	Variance Application  190162 dated October 21, 2019 and filed on October 31, 2019.
a.	Letter of authorization for Bruce Cotta from Anthony Nuzzo, Jr. dated October 30, 2019 .
2.	Newport Fire Marshals Office Inspection Report dated September 19, 2019.

EXHIBITS

The following documents were presented at the January 14, 2020 hearing as exhibits:

1.	AHJs  1: photograph (1).
2.	Applicants  A: photographs (14).

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 September 19, 2019 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the January 14, 2020 hearing on this matter.  Accordingly, the Board hereby incorporates the September 19, 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 2-1/2-story above grade building with a basement level, classified as an apartment (6 units) occupancy, consisting of approximately four thousand five hundred square feet (living area) per floor and originally built in 1862.
3.	The building is of Type III (200) construction, has an approved (with deficiencies) fire alarm system and is not provided with an approved automatic sprinkler system.
4.	There is no objection by the Newport 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.	FIRE ALARM SYSTEM: 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 9.6.1.3 by developing and submitting a plan of action for the installation of an approved fire alarm system in accordance with section 9.6 throughout 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 Newport Fire Marshals Office.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.6.2.3 by providing doors in the egress system of this facility that are self-closing and self-latching, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	KEY ACCESS BOX: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 18.2.2.1 by providing this facility with an approved key access box, at the direction and to the satisfaction of the Newport Fire Marshals Office.
9.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 26.3.1.1 [sic] by allowing the existing unenclosed stairway to remain in use without modification based upon a structural hardship.  The Board further directs that this relief is contingent upon the Applicants compliance with Deficiency  11, below.
10.	This deficiency has been corrected.
11.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.2.8.3.5 by providing this facility with approved fire escape landings, at the direction and to the satisfaction of the Newport Fire Marshals Office.

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).

Finally, the Board hereby authorizes the Newport 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)].