As indicated in the file, a hearing involving the above-captioned property was conducted remotely by Zoom webinar on Tuesday, March 30, 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, Vice-Chairman Blackburn and Commissioners Booth, Thornton, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Chris Garofalo and Robert Dufault of the Newport Fire Marshals Office.
APPLICANT: Richard Sardella, Michael Leber and James Hyman, Esq.
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 Richard Sardella (owner) of 30 Memorial Boulevard, Newport, RI dated January 22, 2021.
3.	The Application was received by the Board and File  2021010 was opened on February 2, 2021.
4.	A hearing on the Application was conducted remotely by Zoom webinar on March 30, 2021 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 Thornton and seconded by Commissioner Booth to grant the Applicant the 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  2021010 and are pertinent to the decision rendered:

1.	Variance Application  2021010 dated January 22, 2021 and filed on February 2, 2021.
a.	Attached Plan of Action dated March 22, 2021 and undated Summarization.
b.	Photographs (6 pages) dated [undated].
2.	Newport Fire Marshals Office Inspection Report dated December 28, 2019.
3.	Applicants request for a continuance dated March 8, 2021.
4.	Scheduling email to ADSFM Chris Garofalo and Richard Sardella dated February 11, 2021.
5.	Scheduling email to ADSFM Chris Garofalo and Richard Sardella dated March 8, 2021.
6.	Zoom webinar invitation  88204012834 dated March 8, 2021.
7.	Zoom webinar invitation  84045516358 dated March 22, 2021.

EXHIBITS

The following documents were presented at the March 30, 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 December 28, 2019 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the March 30, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the December 28, 2019 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 Sardellas Restaurant building is an existing 2-story above grade building with a basement level, classified as an assembly occupancy, consisting of approximately seven thousand two hundred sixteen (7,216) square feet (gross area) and originally built in 1966.
a.	The building is of Type V (000) construction, has a compliant fire alarm system with emergency forces notification and is provided with an approved automatic sprinkler system.
b.	The maximum occupant load of the facility has been calculated at three hundred fifty (350) persons.
3.	The Imbriglios Pizzeria building is an existing 2-story above grade building with a basement level, classified as an multiple/mixed use (mercantile and residential) occupancy, consisting of approximately three thousand eighty-eight (3,088) square feet (gross area) and originally built in 1900.
a.	The building is of Type V (000) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
b.	The maximum occupant load of the facility has been calculated at forty-six (46) persons.
4.	An exterior fabric membrane awning has been installed between the west side of Sardellas and the east side of Imbriglios, essentially combining the two structures as one.
5.	There is no objection by the Newport 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.	EXTINGUISHMENT: 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 13.3.5.1 by removing (or modifying) the exterior awning connecting the two buildings, at the direction and to the satisfaction of the Newport Fire Marshals Office.  Once the awning no longer connects the two buildings, the requirement to extend sprinkler protection into the Imbriglios building is no longer applicable.
2.	This deficiency will be corrected with the completion of item  1, above.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	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).

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)].