As indicated in the file, a hearing involving the above-captioned property was conducted by Zoom webinar on Tuesday, June 30, 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 and Executive Orders  20-05, 20-25 and 20-34.

	Participating at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Pearson, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Greg Pariseault of the North Kingstown Fire Marshals Office and Don Peck of the North Kingstown Building Officials Office.
APPLICANT: John Becker.
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 Easy Stay (owner) of PO Box 23145, Providence, RI dated March 10, 2020.
3.	The Application was received by the Board and File  2020019 was opened on March 11, 2020.
4.	The matter was initially scheduled to be heard before the Board on March 31, 2020 and June 2, 2020 and were subsequently cancelled due to pandemic-related issues.
5.	A hearing on the Application was conducted by Zoom webinar on June 30, 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 was made by Commissioner Thornton and seconded by Commissioner Pearson to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2020019 and are pertinent to the decision rendered:

1.	Variance Application  2020019 dated March 10, 2020 and filed on March 11, 2020.
2.	North Kingstown Fire Marshals Office Inspection Report dated January 24, 2020.
3.	Zoom webinar invitation  99990107744 dated May 21, 2020.
4.	Zoom webinar invitation  98630823223 dated June 24, 2020.

EXHIBITS

The following documents were presented at the June 30, 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 January 24, 2020 inspection report compiled by the North Kingstown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the June 30, 2020 hearing on this matter.  Accordingly, the Board hereby incorporates the January 24, 2020 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 entire property consists of three (3) buildings described as follows:
a.	Bldg. 1  two-story wood-framed structure consisting of an office and two (2) apartments that are equipped with local smoke alarms and carbon monoxide (CO) alarms;
b.	Bldg. 2  one-story masonry structure with seven (7) apartments and a laundry/mechanical room that are equipped with local smoke alarms and carbon monoxide (CO) alarms and a local fire alarm system; and,
c.	Bldg. 3  one-story masonry structure with seven (7) apartments and a laundry/mechanical room that are equipped with local smoke alarms and carbon monoxide (CO) alarms and a local fire alarm system.  There is also a newly added 57x44 steel Quonset style storage building with an apartment located on the second floor.
i.	The Board finds through the testimony of the fire and building officials that this addition was constructed without the benefit of the plan review process and that the required building permits were not obtained.
ii.	The Board finds through the testimony of the fire and building officials that this addition was not provided with any approved separation from the attached structure or any fire alarm system coverage interfaced with the system in the attached structure.
3.	There is no objection by the North Kingstown 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.	Blgd. 1: Office and two apartments
a.	Deficiencies  1 through 3 have been corrected.
2.	Blgd. 2: Units 1 through 7
a.	Deficiencies  4 through 8 have been corrected.
3.	Blgd. 3: Units 8 through 15, storage area and second floor apartment
a.	Deficiencies  9 through 15 have been corrected.
Deficiencies  16 through 20  the Board directs that the new addition storage occupancy be vacated immediately and remain unoccupied until such time that all required permits have been obtained and that full compliance is achieved.  The Board further directs that the apartments that open into the new structure that do not have separation be vacated within thirty (30) days of the date of the hearing and remain unoccupied until such time that all required permits have been obtained and that full compliance is achieved.
b.	Finally, the Board directs that in the event that timely compliance is not achieved, the AHJ shall consult with the State Fire Marshal's Office to begin abatement proceeding or other enforcement actions as appropriate.

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)].