As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, February 11, 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, Vice-Chairman Blackburn and Commissioners Filippi, Pearson, Sylvester, Booth, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Kaitlyn Iannone and James Gumbley of the State Fire Marshals Office.
APPLICANT: Brian Capalbo, Gordon Preiss and Thomas Liguori, Esq.
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 Brian Capalbo (authorized representative) of The Seaside Beach Club, 130 Granite Street - PO Box 61, Westerly, RI dated November 14, 2019.
3.	The Application was received by the Board and File  190174 was opened on December 5, 2019.
4.	After a determination was made that there were two separate buildings with two separate Violation Reports, a second file,  190181, was opened on February 6, 2020.
5.	A hearing on the two Applications was conducted on February 11, 2020 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion on File  190174 was made by Commissioner Pearson and seconded by Commissioner Booth to grant the Applicant the relief as outlined herein.  The motion passed on an 8 to 0 vote.  A second motion on File  190181 was made by Vice-Chairman Blackburn and seconded by Commissioner ODonnell to grant the Applicant the relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190174 and 190181 and are pertinent to the decision rendered:

1.	Variance Application  190174 dated November 14, 2019 and filed on December 5, 2019.
2.	Variance Application  190181 dated February 5, 2020 and filed on February 6, 2020.
3.	Attached Plan(s) of Action dated [undated].
4.	State Fire Marshals Office Inspection Report  31223 dated October 29, 2019 for File  190174.
5.	State Fire Marshals Office Inspection Report  31701 dated October 29, 2019 for File  190181.

EXHIBITS

The following documents were presented at the February 11, 2020 hearing as exhibits:

1.	Applicants  A: Aerial photograph of the site and properties.

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 October 29, 2019 inspection reports compiled by the State Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the February 11, 2020 hearing on this matter.  Accordingly, the Board hereby incorporates the October 29, 2019 inspection reports 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.	 190174: The building is an existing 3-story above grade building without a basement level, classified as a multiple/mixed use (assembly and storage) occupancy, consisting of approximately twenty thousand three hundred fifty-four (20,354) square feet (gross area) and originally built in 1956.  The building is of Type V (000) construction, does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
3.	 190181: The building is an existing 3-story above grade building without a basement level, classified as a multiple/mixed use (assembly and storage) occupancy, consisting of approximately eleven thousand five hundred eight (11,508) square feet (gross area) and originally built in 1956. The building is of Type V (000) construction, does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	Based upon the Applicants testimony, the Board finds the following:
a.	Both buildings [hereinafter the facility] are used on a seasonal basis only, from May through November, and are closed and unoccupied in the off-season;
b.	There is no overnight sleeping permitted anywhere in the facility;
c.	There is no heating provided anywhere in the facility; and,
d.	There is no cooking permitted in any of the cabana units or on any of the decks.
5.	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.

 190174

1.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a time variance of one hundred fifty (150) days from the date of the decision to comply with the provisions of RILSC section 42.3.4.1.2 by installing an approved fire alarm system with emergency forces notification in accordance with section 9.6 throughout the facility, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further grants a variance from the provisions of RILSC section 9.6.9.4 by allowing the use of PVC conduit in lieu of metal raceway due to the environmental factors associated with the location.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	ELECTRICAL FIRE SAFETY: The Board hereby grants the Applicant a time variance until the start of the 2020 operating season to comply with the provisions of RIFC section 11.1 by correcting all electrical deficiencies, at the direction and to the satisfaction of the State Fire Marshal's Office.
5.	This deficiency will be corrected with the completion of item  4, above.
6.	This deficiency has been corrected.
7.	This deficiency will be corrected with the completion of item  4, above.
8.	This deficiency will be corrected with the completion of item  4, above.
9.	COMMERCIAL COOKING: The Board hereby grants the Applicant a time variance until the start of the 2020 operating season to comply with the provisions of RIFC section 50.1.1  and NFPA 96 (2014) section7.8.3 by correcting all kitchen hood and exhaust deficiencies, at the direction and to the satisfaction of the State Fire Marshal's Office.
10.	This deficiency will be corrected with the completion of item  4, above.
11.	This deficiency will be corrected with the completion of item  4, above.
12.	This deficiency will be corrected with the completion of item  4, above.
13.	This deficiency has been corrected.
14.	This deficiency will be corrected with the completion of items  4 and 9, above.
15.	CONSTRUCTION LIMITATIONS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.1.6 by allowing the existing facility to remain in use without modification based upon the limited seasonal occupancy.

 190181

1.	CONSTRUCTION LIMITATIONS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.1.6 by allowing the existing facility to remain in use without modification based upon the limited seasonal occupancy.
2.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a time variance of one hundred fifty (150) days from the date of the decision to comply with the provisions of RILSC section 42.3.4.1.2 by installing an approved fire alarm system with emergency forces notification in accordance with section 9.6 throughout the facility, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further grants a variance from the provisions of RILSC section 9.6.9.4 by allowing the use of PVC conduit in lieu of metal raceway due to the environmental factors associated with the location.  In granting this relief, it is the understanding of the Board that this buildings fire alarm system coverage will be provided by the system installed in the main building.
3.	ELECTRICAL FIRE SAFETY: The Board hereby grants the Applicant a time variance until the start of the 2020 operating season to comply with the provisions of RIFC section 11.1 by correcting all electrical deficiencies, at the direction and to the satisfaction of the State Fire Marshal's Office.
4.	This deficiency will be corrected with the completion of item  3, above.
4.	This deficiency will be corrected with the completion of item  3, above.  (The Board notes that the Violation Report lists two  4 items).

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 State Fire Marshals Office to extend the above one hundred fifty (150) day timeline a single thirty (30) day period 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)].