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: Assistant Deputy State Fire Marshals Wayne Clark and Chris Garofalo of the Newport Fire Marshals Office.
APPLICANT: George Dymond and Bill Bagwill.
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 George Dymond (authorized representative) of 105 Coggeshall Avenue, Newport, RI dated December 18, 2019.
3.	The Application was received by the Board and File  190178 was opened on December 31, 2019.
4.	A hearing on the Application was conducted on February 11, 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 Vice-Chairman Blackburn and seconded by Commissioner Sylvester 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  190178 and are pertinent to the decision rendered:

1.	Variance Application  190178 dated December 18, 2019 and filed on December 31, 2019.
2.	Newport Fire Marshals Office Inspection Report dated September 11, 2019.

EXHIBITS

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

1.	AHJs  1: photographs [9].
2.	Applicants  A: photographs [8].

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 11, 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 February 11, 2020 hearing on this matter.  Accordingly, the Board hereby incorporates the September 11, 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-story above grade building without a basement level, classified as an apartment (9 unit) occupancy originally built in 1900 and converted in 1987.
3.	The building is of Type III (200) construction, does not have a compliant fire alarm system and is provided with previously approved partial automatic sprinkler protection for the two (2) furnace rooms.
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.	The Board hereby grants the Applicant a variance to utilize the provisions of RILSC section 31.1.1.1 Option 1 notwithstanding a forty-eight (48) square foot common vestibule located between two of the dwelling units.  In granting this relief, it is the understanding of the Board that each of these two units has an additional independent exit that meets the requirements of section 31.3.4.1.2.  In consideration of the relief granted herein, the Board directs the Applicant to provide documentation of the sealing method of all penetrations and the establishment of the required one-half (1/2) hour separation between contiguous units, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
2.	SMOKE AND CARBON MONOXIDE (CO) ALARMS: 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 sections 31.3.4.5.1 and 31.3.4.6 by providing this facility with approved smoke and carbon monoxide (CO) alarms, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
3.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance outlined in item 2 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.
4.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 4.6.12.1 by repairing all doors to the furnace rooms, at the direction and to the satisfaction of the Newport Fire Marshals Office.
5.	PORTABLE FIRE EXTINGUISHERS: The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 31.3.5.13 by providing this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the Newport Fire Marshals Office.
6.	KEY ACCESS BOX: The Board hereby grants the Applicant the time variance outlined in item 2 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.
7.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RIFC section 4.5.8.1 by repairing or replacing any defective sprinkler head(s), at the direction and to the satisfaction of the Newport Fire Marshal's 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).

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)].