As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, February 18, 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, Sylvester, Booth, Thornton, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals William Leahy and David Pastore of the State Fire Marshals Office.
APPLICANT: Jose Toledo.
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 Jose Toledo (authorized representative) of 99 Hillside Avenue, Providence, RI dated October 11, 2019.
3.	The Application was received by the Board and File  190158 was opened on October 30, 2019.
4.	A hearing on the Application was conducted on February 18, 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 Thornton 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  190158 and are pertinent to the decision rendered:

1.	Variance Application  190158 dated October 11, 2019 and filed on October 30, 2019.
a.	Attached Plan of Action dated [undated].
b.	Letter of authorization for Jose Toledo from Michael Mosier dated October 29, 2019 .
2.	State Fire Marshals Office Inspection Report dated September 12, 2019.
3.	State Fire Marshals Office Request for Continuance dated January 7, 2020.

EXHIBITS

The following documents were presented at the February 18, 2020 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 September 12, 2019 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the February 18, 2020 hearing on this matter.  Accordingly, the Board hereby incorporates the September 12, 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 5-story above grade building with a basement level, classified as a health care (skilled nursing facility) occupancy, consisting of approximately one hundred three thousand thirty-eight (103,038) square feet (gross area) and originally built in 1977.
3.	The building is of Type III (200) construction, has a approved (with deficiencies) fire alarm system and is provided with an approved (with deficiencies) automatic sprinkler system.
4.	The facility has been licensed by RIDOH at one hundred forty-six (146) clients.
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.

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.	This deficiency has been corrected.
7.	ELECTRICAL SAFETY: 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 19.5.1.1 and 9.1.2 by providing basement electrical room of this facility with approved egress hardware, at the direction and to the satisfaction of the State Fire Marshals Office.
8.	This deficiency has been corrected.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	This deficiency has been corrected.
13.	This deficiency has been corrected.
14.	This deficiency has been corrected.
15.	This deficiency has been corrected.
16.	EXTINGUISHMENT: 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 RIFC section 13.3.3.3 by replacing all missing ceiling tiles, at the direction and to the satisfaction of the State Fire Marshals Office.
17.	This deficiency will be corrected with the completion of item  16, above.
18.	FIRE ALARM SYSTEM: 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 19.5.1.1 and 9.1.3.3 by providing emergency generator remote annunciation at the fire alarm control unit, at the direction and to the satisfaction of the State Fire Marshals Office.
19.	This deficiency will be corrected with the completion of item  16, above.
20.	This deficiency has been corrected.
21.	This deficiency has been corrected.
22.	This deficiency has been corrected.
23.	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 sections 19.2.1 and 7.1.10.1 by removing all non-compliant signage from egress access doors, at the direction and to the satisfaction of the State Fire Marshals Office.
24.	This deficiency has been corrected.
25.	This item is not a violation and has been withdrawn.
26.	FIRE ALARM SYSTEM: 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 19.3.4.5.1 and 9.6.2.9 by providing a system smoke detector for the fifth floor stairwell landing, at the direction and to the satisfaction of the State Fire Marshals Office.
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 sections 19.2.2.3 and 7.2.2.4.6.3 by providing approved intermediate rails or an ornamental pattern protection for the stair guards at the top of each stair and at the switch-back landing levels only, at the direction and to the satisfaction of the State Fire Marshals Office.
28.	MINIMUM CONSTRUCTION: The Board hereby grants the Applicant a time variance of ninety (90) days from the date of the decision to develop a plan of action to comply with the provisions of RILSC section 19.1.6.1, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further directs that the Applicant return to the Board on May 19, 2020 for review and additional relief as may be needed.
29.	[NOT REFERENCED IN THE VIOLATION REPORT] The Board hereby grants the Applicant a variance allowing the existing fire pump to remain in use in its current boiler room location without modification based upon a structural hardship, at the joint request of the Applicant and the AHJ.

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)].