As indicated in the file, a hearing involving the above-captioned property was conducted by Zoom webinar on Tuesday, December 1, 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, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Robert Couture of the State Fire Marshals Office.
APPLICANT: Wade Palazini and Marco Tommasini.
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 Paul M. DePace (authorized representative) of University of Rhode Island Office of Capital Projects, 60 Tootell Road, Kingston, RI dated [undated].
3.	The Application was received by the Board and Files  2020070  2020073 were opened on September 18, 2020.
4.	The properties were previously before the Board on September 27, 2011 at which time Decision  110152 was issued dated November 29, 2011.
5.	A hearing on the Application was conducted by Zoom webinar on December 1, 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 Pearson and seconded by Commissioner ODonnell to grant the Applicant the relief requested.  The motion failed on a 4 to 1 vote with Commissioner Booth voting in opposition in accordance with 450-RICR-00-00-7.1.10.5.7 [RIGL  23-28.3-2(b)].
7.	On December 8, 2020 the Applicant notified the Board that they were requesting the opportunity to present previously unavailable evidence in accordance with 450-RICR-00-00-1.7.2(O).
8.	A subsequent hearing on the Application was conducted by Zoom webinar on January 5, 2021 at 1:00 PM before the Fire Safety Code Board of Appeal and Review at which time Chairman Newbrook and Commissioners Pearson, Sylvester, Booth, Davison, ODonnell & Muto were in attendance.  Appearing for the Applicant were Wade Palazini, Marco Tommasini and Shane Tallardy.
9.	After consideration of the revised 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 Sylvester and seconded by Commissioner Booth to modify the original decision and grant the Applicant 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  2020070  2020073 and are pertinent to the decision rendered:

1.	Variance Applications  2020070  2020073 dated [undated] and filed on September 18, 2020.
a.	Attached Plan of Action dated September 17, 2020.
2.	Decision  110152 dated November 29, 2011.
3.	State Fire Marshals Office Plan of Action approval letter (email) dated September 15, 2020.
4.	Scheduling email to DSFM Robert Couture and Paul DePace dated September 30, 2020.
5.	Zoom webinar invitation  87037227343 dated November 23, 2020.
6.	Letter of authorization (email) for Jensen Hughes and Tecton Architects from Paul DePace of URI dated November 30, 2020.
7.	Email dated December 8, 2020 with attached letter requesting to present additional previously unavailable evidence from Jensen Hughes dated December 7, 2020.
a.	Revised plan of action dated December 21, 2020.
8.	Scheduling email to DSFM Robert Couture and Paul DePace dated December 9, 2020.
9.	Zoom webinar invitation  81028207834 dated December 23, 2020.

EXHIBITS

The following documents were presented at the December 1, 2020 and January 5, 2021 hearings 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 revised December 21, 2020 plan of action report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the January 5, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the December 21, 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 known as the URI Gateway Apartments consists of four (4) existing 2-story above grade buildings, classified as apartment occupancies, originally built in 1960.  Buildings  2 and 8 each consist of four (4) units and Buildings  4 and 6 each consist of eight (8) units.
3.	The buildings are of ordinary masonry construction, have compliant fire alarm systems with emergency forces notification and are provided with approved automatic sprinkler systems.
4.	It is agreed to by the parties and approved by the Board that a condition of the relief requested is that the existing dwelling unit doors accessing the exit stairway enclosure are to be treated with FlameOFF Fire Barrier Paint to provide an equivalent 1-hour fire protection rating.
5.	The Board finds that the Applicant has addressed the issues relating to unauthorized storage of combustibles in the facilitys attics and egress systems at the direction and to the satisfaction of the State Fire Marshal's Office and the URI Division of Fire/Life Safety.
6.	There is no objection by the State 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 an equivalency variance from the provisions of RILSC section 31.2.4.6(4) allowing the existing dwelling unit doors that access the exit stairway enclosures to remain in use and deemed compliant with this section.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
a.	Dwelling unit doors accessing the exit stairway enclosures are to be treated with FlameOFF Fire Barrier Paint to provide an equivalent 1-hour fire protection rating;
b.	Attic access controls and egress system No Storage signage shall be provided and maintained in accordance with the Applicants plan of action;
c.	The existing automatic sprinkler systems shall be deemed required systems and inspected, tested and maintained in accordance with this Code; and,
d.	Each dwelling unit shall be provided with an approved secondary means of escape in accordance with RILSC sections 31.2.1.2 and 24.2.

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)].