As indicated in the file, a hearing involving the above-captioned property was conducted by Zoom webinar on Tuesday, August 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 and Executive Order.

	Participating at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Pearson, Booth, Thornton, Davison, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Chris Garofalo of the Newport Fire Marshals Office.
APPLICANT: Paul Mazza.
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 Joseph Gallagher (owner) of 173-175 Coggeshall Avenue, Newport, RI dated June 19, 2020.
3.	The Application was received by the Board and File  2020038 was opened on June 30, 2020.
4.	A hearing on the Application was conducted by Zoom webinar on August 18, 2020 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After consideration of the application, the testimony of the witnesses and of the entire record presented to the Board, and after carefully considering such information, a motion was made by Commissioner Pearson and seconded by Commissioners Thornton and Davison to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2020038 and are pertinent to the decision rendered:

1.	Variance Application  2020038 dated June 19, 2020 and filed on June 30, 2020.
a.	Letter of authorization for Paul Mazza from Joseph Gallagher dated June 29, 2020.
2.	Newport Fire Marshals Office Inspection Report dated January 29, 2020.
3.	Scheduling email to ADSFM Garofalo and Paul Mazza dated July 23, 2020.
4.	Zoom webinar invitation  98013574024 dated August 11, 2020.

EXHIBITS

The following documents were presented at the August 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 January 29, 2020 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 August 18, 2020 hearing on this matter.  Accordingly, the Board hereby incorporates the January 29, 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 building is an existing 2-1/2-story above grade building with a basement level, classified as an apartment building (7 units) occupancy, consisting of approximately thirteen thousand four hundred twenty (13,420) square feet (gross area) and originally built in 1890.
3.	The building is of Type V (000) construction, does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
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.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC sections 31.1.1.1 and 9.6.1.3 by developing and submitting a plan of action for the installation of an approved fire alarm system in accordance with section 9.6 throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the Newport Fire Marshals Office.
2.	SMOKE ALARMS AND CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 31.3.4.5.1 and 31.3.4.6.1 by providing this facility with approved smoke alarms and carbon monoxide alarms in accordance with sections 9.6.2.10 and 9.12, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
3.	This deficiency has been corrected.
4.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.6.2.1 by providing [by treating the doors in the egress system of the facility with an approved fire-retardant coating (intumescent paint)] doors with not less than a 20-minute fire protection rating in the egress system (corridor) of this facility, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
5.	This deficiency has been corrected.
6.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.3.2.1.1 by providing a 1-hour fire-resistance rated separation or by protecting any furnace or boiler with a domestically-supplied sprinkler head(s) installed in accordance with RILSC sections 9.7.1.2 and 9.7.1.3, at the direction and to the satisfaction of the Newport Fire Marshals Office.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.
9.	This deficiency has been corrected.
10.	MAINTENANCE OF FIRE-RESISTIVE CONSTRUCTION: The Board hereby grants the Applicant the time variance outlined in item 6 above to comply with the provisions of RIFC section 12.3.3.1 by repairing or sealing any fire barrier penetrations in the facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.
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.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.8.9.2 by properly maintaining the fire escapes of this facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.
16.	KEY ACCESS BOX: The Board hereby grants the Applicant the time variance outlined in item 1 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.
17.	This deficiency has been corrected.

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)].