As indicated in the file, a hearing involving the above-captioned property was conducted remotely by Zoom webinar on Tuesday, February 23, 2021 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] sections 23-28.3-5, 42-46-3 and Executive Order.

	Participating at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Pearson, Walker, Sylvester, Booth, Davison and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Kaitlyn Iannone of the State Fire Marshals Office.
APPLICANT: Howard Frederickson and Wade Palazini.
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 Howard Frederickson (owner) of Sunrise Associates, LLC, 1057 Chopmist Hill Road, Scituate, RI dated [undated].
3.	The Application was received by the Board and File  2020023 was opened on April 17, 2020.
4.	This property was previously before the Board on February 28, 2017 at which time Decision  170026 was issued dated March 23, 2017.
5.	A hearing on the Application was conducted remotely by Zoom webinar on February 23, 2021 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 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  2020023 and are pertinent to the decision rendered:

1.	Variance Application  2020023 dated [undated] and filed on April 17, 2020.
a.	Attached Plan of Action dated February 15, 2021
2.	State Fire Marshals Office Inspection Report dated March 19, 2020.
3.	Decision  170026 dated March 23, 2017.
4.	Scheduling email to DSFM Kaitlyn Iannone and Howard Frederickson dated December 22, 2020.
5.	Zoom webinar invitation  89653254330 dated February 15, 2021.

EXHIBITS

The following documents were presented at the February 23, 2021 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 February 15, 2021 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 February 23, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the February 15, 2021 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 building is an existing 2-story above grade building without a basement level, classified as a residential board & care occupancy, consisting of approximately thirteen thousand seven hundred (13,700) square feet (gross area) and originally built in 1920.
3.	The building is of Type III (200) construction, has a compliant fire alarm system with emergency forces notification and is provided with an approved (with deficiencies) automatic sprinkler system.
4.	The facility has been licensed by RIDOH [ ALR01497] for twenty-seven (27) clients.
5.	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.	AUTOMATIC SPRINKLERS: The Board hereby grants the Applicant a time variance of one hundred eighty (180) days from the date of the decision to comply with the provisions of RIFC section 13.3.2.6.1 and NFPA 13 (2013) section 8.15.1.2.18.1 by installing automatic sprinkler protection beneath the exterior combustible overhang at the front entrance, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	STORAGE OF COMBUSTIBLE MATERIALS / EQUIPMENT ROOMS: The Board hereby grants the Applicant a variance from the provisions of RIFC section 10.18.5.1 by allowing the continued storage of combustibles in the existing electric room to remain in use without modification.  In consideration of the relief granted herein, the Board directs the Applicant to identify and provide approved markings for a working space around any electrical equipment, at the direction and to the satisfaction of the State Fire Marshal's Office.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	This deficiency has been corrected.
13.	This deficiency has been corrected.
14.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 33.3.3.5 & 9.7 and NFPA 13 section 24.2.4.1.3 by providing this facility with approved low air and low water level alarms for the automatic sprinkler water supply tank in accordance with section 9.7, at the direction and to the satisfaction of the State Fire Marshal's Office.  In making this determination, the Board finds through the testimony of the AHJ that this requirement was in effect at the time of the original installation of the pressure tank in 1976 and notes their objection to any relief.  The Board directs that this file may be reopened if necessary, in order to allow the Applicant to return in the future should additional relief be required for compliance with this specific violation.
15.	This deficiency has been corrected.
16.	EXTINGUISHMENT: This deficiency will be corrected with the completion of item  14, above.
17.	This deficiency has been corrected.
18.	WATER STORAGE TANKS / INTERIOR INSPECTIONS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of NFPA 25 (2014) section 9.2.6.1.1 by providing an interior inspection of the automatic sprinkler water supply tank, at the direction and to the satisfaction of the State Fire Marshal's Office.
19.	This deficiency has been corrected.
20.	This deficiency has been corrected.
21.	This deficiency has been corrected.
22.	This deficiency has been corrected.
23.	This deficiency has been corrected.
24.	This deficiency has been corrected.
25.	This deficiency has been corrected.
26.	This deficiency has been corrected.
27.	It is agreed to by the parties that this is not a violation.
28.	STORAGE OF COMBUSTIBLE MATERIALS / EQUIPMENT ROOMS: The Board hereby grants the Applicant a variance from the provisions of RIFC section 10.18.5.1 by allowing the continued storage of combustibles in the existing boiler room (garage area) to remain in use without modification.  In consideration of the relief granted herein, the Board directs the Applicant to identify and provide approved markings for a no storage area acceptable to the AHJ and that the storage of any gasoline and/or gasoline-fueled equipment is prohibited.
29.	It is agreed to by the parties that this is not a violation.
30.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 13.3 and NFPA 13 section 8.6.5 by approved automatic sprinkler protection in the dining room area in accordance with section 9.7, at the direction and to the satisfaction of the State Fire Marshal's Office.
31.	It is agreed to by the parties that this is not a violation.
32.	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).

Finally, the Board hereby authorizes the State 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)].