As indicated in the file, a hearing involving the above-captioned property was conducted by Zoom webinar on Tuesday, September 22, 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, Walker, Thornton and ODonnell.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals David Goldstein and Timothy Usher of the Pawtucket Fire Marshals Office.
APPLICANT: Heidi Reed.
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 Heidi Reed (authorized representative) of 67 Johnson Street -  A, Pawtucket, RI dated June 11, 2020.
3.	The Application was received by the Board and File  2020037 was opened on June 26, 2020.
4.	The matter was initially before the Board on July 28, 2020 at which time it was reassigned until September 22, 2020 for the AHJ to issue an updated inspection report.
5.	A hearing on the Application was conducted by Zoom webinar on September 22, 2020 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	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 Walker and seconded by Commissioner Thornton 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  2020037 and are pertinent to the decision rendered:

1.	Variance Application  2020037 dated June 11, 2020 and filed on June 26, 2020.
a.	Letter of authorization from Heidi Reed dated June 25, 2020.
2.	Pawtucket Fire Marshals Office Inspection Report dated August 19, 2020.
3.	Pawtucket Fire Marshals Office Inspection Report (revised) dated August 28, 2020.
4.	Scheduling email to ADSFM Timothy Usher and Heidi Reed dated August 24, 2020.
5.	Zoom webinar invitation  98815533539 dated September 14, 2020.
6.	Zoom connectivity notice email to ADSFM Timothy Usher and Heidi Reed dated September 18, 2020.

EXHIBITS

The following documents were presented at the September 22, 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 August 28, 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 September 22, 2020 hearing on this matter.  Accordingly, the Board hereby incorporates the August 28, 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 4-story above grade building with a basement level, classified as an apartment occupancy, originally built in 1950.
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 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.	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 section 31.1.1.1 [Option 2] 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 Pawtucket Fire Marshals Office.
2.	SMOKE ALARMS & CARBON MONOXIDE (CO) 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 (CO) alarms in accordance with sections 9.6.2.10 and 9.12, at the direction and to the satisfaction of the Pawtucket Fire Marshal's Office.
3.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
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 doors with not less than a 20-minute fire protection rating in the egress system of this facility, at the direction and to the satisfaction of the Pawtucket Fire Marshal's Office.
5.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.6.2.3 by providing doors in the egress system of this facility that are self-closing and self-latching, at the direction and to the satisfaction of the Pawtucket Fire Marshal's Office.
6.	PORTABLE FIRE EXTINGUISHERS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.5.13 by providing this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
7.	HEATING APPLIANCES: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 11.5.1.1 and NFPA 31 by providing the furnace/boiler of this facility with a remote shut-off switch, at the direction and to the satisfaction of the Pawtucket Fire Marshal's Office.
8.	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 Pawtucket Fire Marshals Office.

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).

Finally, the Board hereby authorizes the Pawtucket Fire Marshals Office to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of 450-RICR-00-00-1.7.2(X).

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)].