As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, February 25, 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, Thornton and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Scott Derry of the Providence Fire Marshals Office and Deputy State Fire Marshal James Gumbley of the State Fire Marshal's Office.
APPLICANT: Cesin Curi and Omar Curi.
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 Cesin Curi (owner) of 907 Chalkstone Avenue, Providence RI dated [undated].
3.	The Application was received by the Board and File  2020006 was opened on February 12, 2020.
4.	A hearing on the Application was conducted on February 25, 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 Thornton to grant the Applicant the relief as outlined herein.  The motion passed on a 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2020006 and are pertinent to the decision rendered:

1.	Variance Application  2020006 dated [undated] and filed on February 12, 2020.
a.	Applicants request for an expedited hearing dated [undated].
2.	Providence Fire Marshals Office Plan Review Report  BLDG-19-534 dated [undated].

EXHIBITS

The following documents were presented at the February 25, 2020 hearing as exhibits:

1.	Applicants  A: SGS GOVMARK test data.

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 undated plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence and State Fire Marshals Offices during the February 25, 2020 hearing on this matter.  Accordingly, the Board hereby incorporates the [undated] plan review 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 structure is a newly installed temporary membrane structure [Gardenigloo 360] installed on an exterior deck of an existing place of assembly (restaurant).
3.	The structure is of transparent PVC construction and accommodates up to eight (8) persons.
4.	The Board finds through the testimony of the parties that the structure fabric has successfully met the flame propagation performance criteria in Test Method 2 of NFPA 701, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films, 2010 edition, in accordance with RILSC section 11.10.1.5.1
5.	There is no objection by the Providence or State Fire Marshals Offices 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 time variance of fourteen (14) days from the date of the hearing to comply with the provisions of RILSC section 11.10.4.1 by providing documentation that the design, material and construction of the structure, including a snow and ice load analysis, has been prepared by a licensed RI architect or engineer, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	The Board finds that the combustible wood decking on which the structure is sited is permitted pursuant to RILSC section 11.10.2.1 and directs the Applicant to ensure that all flammable or combustible material or vegetation is maintained in accordance with this section, at the direction and to the satisfaction of the Providence and State Fire Marshal's Offices.

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)].