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 Marshal John Ireland of the Cranston Fire Marshals Office.
APPLICANT: Elizabeth Coffey and Charles Mason.
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 Charles Mason (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard  Suite 1002, Warwick, RI dated July 31, 2020.
3.	The Application was received by the Board and File  2020050 and 2020075  2020080 were opened on August 12, 2020.
4.	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.
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 Walker 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   and are pertinent to the decision rendered:

1.	Variance Application  2020050 and 2020075  2020080 dated July 31, 2020 and filed on August 12, 2020.
a.	Attached Plan of Action dated July 17, 2020
b.	Letter of authorization for Jensen Hughes from Deidra Tart of National Investments, Ltd. dated [undated].
2.	Cranston Fire Marshals Office Plan of Action acknowledgement [email] dated July 14, 2020.
3.	Scheduling email to Charles Mason dated August 24, 2020.
4.	Zoom webinar invitation  98815533539 dated September 14, 2020.
5.	Zoom webinar connectivity email to ADSFM John Ireland and Charles Mason 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 Decision below corresponds with the July 17, 2020 plan review report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the September 22, 2020 hearing on this matter.  Accordingly, the Board hereby incorporates the July 17, 2020 plan of action 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 property is comprised of an office building and seven (7) apartment building [ 100   700].  The apartment buildings are the subject of the instant appeal  the Board hereby adopts and incorporates the Applicants building description dated July 17, 2020.
3.	Each apartment building has a compliant fire alarm system with emergency forces notification and will be provided with an approved automatic sprinkler system.
4.	There is no objection by the Cranston Fire Marshals Office to the granting of the relief outlined herein.
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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.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.1.5.10.1 by allowing the existing latch hardware on the entrance door of each building to remain in use at fifty-three (53) inches above the finished floor [AFF] without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board acknowledges an existing handicap automatic door-opening button situated immediately adjacent to each door at thirty-eight (38) inches AFF.

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)].