As indicated in the file, a hearing involving the above-captioned property was conducted on August 5, 2020 before an on-site subcommittee of the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5 and Board Rule & Regulation 450-RICR-00-00-1.7.2.
	In attendance at the subcommittee hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Pearson, Sylvester, ODonnell and Muto.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal David Goldstein of the Pawtucket Fire Marshals Office.
APPLICANT: Spencer McCombe and Raymond Gomes.


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 Jonathan Savage (owner) of Miss Lorraine Diner, LLC, 1080 Main Street, Pawtucket, RI dated May 29, 2020.
3.	The Application was received by the Board and File  2020032 was opened on June 5, 2020.
4.	An initial hearing on the Application was conducted by Zoom webinar on July 21, 2020 at 1:00 PM before the Fire Safety Code Board of Appeal and Review at which time the Board assigned the matter to an on-site subcommittee for review.
5.	A subsequent hearing on the application was held by a subcommittee of the Board on-site on Wednesday, August 5, 2020 at 10:00 AM.
6.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Muto to recommend granting the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote.
7.	The subcommittee recommendations were subsequently presented to the Board for acceptance by Zoom webinar on Tuesday, August 18, 2020 at 1:00 PM at which time Chairman Newbrook and Commissioners Booth, Thornton, Davison, ODonnell & Muto were in attendance.  At that time a motion was made by Commissioner Booth and seconded by Commissioner Muto to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2020032 and are pertinent to the decision rendered:

1.	Variance Application  2020032 dated May 29, 2020 and filed on June 5, 2020.
a.	Drawings (2 pages) dated May 20, 2020
b.	Letter of authorization for Ray Gomes and Spencer McCombe from Jonathan Savage dated May 29, 2020.
2.	Pawtucket Fire Marshals Office Inspection Report dated May 13, 2020.
3.	Letter to the Board from the Pawtucket Fire Marshals Office dated July 9, 2020.
4.	Letter (email) to the Board from the Chrissy J. Singleton dated July 17, 2020.
5.	Zoom webinar invitation  98017225022 dated July 13, 2020.
6.	Scheduling email to all parties dated July 27, 2020.
7.	Zoom webinar invitation  95675475904 dated August 3, 2020 [subsequently cancelled].

EXHIBITS

The following documents were presented at the August 5, 2020 subcommittee 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 May 13, 2020 inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the August 5, 2020 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the May 13, 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 a [former diner] newly converted 1-story above grade building without a basement level (attached to an existing mill complex), classified as an assembly (restaurant) occupancy, originally converted in 2020.
3.	The building is of Type III (200) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the restaurant (diner and dining room) facility has been calculated by agreement of the parties at one hundred fifteen (115) persons.
5.	There is no objection by the Pawtucket 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.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 7.2.1.1.2, 7.2.1.4.2 and 12.2.3.6.1 by allowing the existing front door (street entrance) of the diner portion of the property [EXIT A] to remain as is without modification subject to the following conditions:
a.	Occupant load of the diner shall be limited to and posted at forty-nine (49) persons, inclusive of staff;
b.	Occupant load of the dining room shall be limited to and posted at sixty-six (66) persons, inclusive of staff;
c.	The existing overhead door located adjacent to EXIT B shall be replaced with an approved side-swinging door(s) with a minimum width of thirty-six inches (36); and,
d.	Two (2) pairs of saloon-style side-swinging doors shall be added  one (1) pair on each end of the vestibule separating the diner from the dining room.  This area shall not be considered as a required means of egress and approved NO EXIT signage shall be provided in accordance with RILSC section 7.10.8.3 at the portal from each occupied space leading into this vestibule.

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)].