As indicated in the file, a hearing involving the above-captioned property was conducted on February 14, 2017 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Richard, Pearson, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Michael Grenga of the Central Falls Fire Marshals Office and Chief Deputy James Gumbley of the State Fire Marshal's Office.
APPLICANT: Leslie Moore.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. 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 Leslie Moore (owner) of 154 Earle Street --  1, Central Falls, RI dated November 22, 2016.
3.	The Application was received by the Board and File  160168 was opened on November 28, 2016.
4.	A hearing on the Application was conducted on February 14, 2017 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 Richard to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 2 vote with Commissioners Pearson and Sylvester voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160168 and are pertinent to the decision rendered:

1.	Variance Application  160168 dated November 22, 2016 and filed on November 28, 2016.
2.	Central Falls Fire Marshals Office [AHJ] Inspection Report dated November 14, 2016.

EXHIBITS

The following documents were presented at the February 14, 2017 hearing as exhibits:

1.	Applicants review of inspection results.
2.	AHJs online Guest Host information packet.

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 Finding of Fact:

1.	The numbers of the Decision below correspond with those of the November 14, 2016 inspection report compiled by the Central Falls Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshals Office during the February 14, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the November 14, 2016 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 3-story structure with basement residential consisting of approximately sixteen thousand eight hundred twenty-seven (16,827) square feet and originally built in 1909.
3.	The building is of Type V (000) construction and does not have a fire alarm system and is not provided with an approved automatic sprinkler system.
4.	Hard-wired / battery operated smoke alarms and carbon monoxide (CO) alarms are provided throughout the building.
5.	The Board finds that based upon the undisputed testimony of the Applicant that there are presently twenty-four (24) beds located in seventeen (17) rooms throughout the building however the occupancy of the building is limited to the Applicant (owner), her immediate family and no more than three (3) outside tenants, roommates or guests.
6.	There is no objection by the Central Falls Fire Marshals Office or the State Fire Marshal's Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Applicant has petitioned the Board for review of the initial occupancy classification determination made by the AHJ as a lodging or rooming house in accordance with Rhode Island State Fire Safety Code Section 6-1-3.  The Board hereby reverses the determination of the AHJ and holds that the appropriate occupancy classification for this building shall be that of a one-family dwelling as defined in RILSC section 6.1.8.1.1 and that the continued occupancy of the building shall be limited to and in accordance with the provisions of RILSC Chapter 24.
2.	Accordingly, Violation Report [ 670Broadst.doc] issued by the Central Falls Fire Marshals Office dated November 14, 2016 is hereby vacated in accordance with this Decision.

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 R.I.G.L. 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, section 6-2-22).
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: Fire Safety Code, section 6-2-23.)  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 Fire Code or a revision of the above-cited classification.  (See: Fire Safety Code, section 6-2-24).
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 R.I.G.L. 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:  Fire Safety Code, section 6-2-25).
4.	In accordance with R.I.G.L 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: Fire Safety Code, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].