As indicated in the file, a hearing involving the above-captioned property was conducted remotely by Zoom webinar on Tuesday, May 4, 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, Thornton and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal John Horan of the North Providence Fire Marshals Office.
APPLICANT: Stephanie Porter, Robert Simonds and Kevin McRoy, 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 Stephen Chapman (owner) of Brentwood Apartments, 100 Galen Street  Suite 301, Watertown, MA dated [undated].
3.	The Application was received by the Board and Files  2021025  2021037 were opened on April 14, 2021.
4.	A hearing on the Application was conducted remotely by Zoom webinar on May 4, 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 Walker and seconded by Commissioner Sylvester 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  2021025-2021037 and are pertinent to the decision rendered:

1.	Variance Application  2021025 - 2021037 dated [undated] and filed on April 14, 2021.
2.	North Providence Fire Marshals Office Inspection Reports  2021025 dated February 5, 2021 and  2021026  037 dated March 2, 2021.
3.	Applicants request for continuance dated April 16, 2021.
4.	Applicants plan of action dated April 26, 2021.
5.	Scheduling emails to ADSFM John Horan and Stephen Chapman dated April 15, 2021 and April 16, 2021.
6.	Zoom webinar invitation  89180035620 dated April 26, 2021.

EXHIBITS

The following documents were presented at the May 4, 2021 hearing as exhibits:

1.	Letter of authorization for Stephanie Porter, Robert Simonds and Kevin McRoy, Esq. from Stephen Chapman dated 4 May 2021.

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 February 5, 2021 and March 2, 2021 inspection reports compiled by the North Providence Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the May 4, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the February 5, 2021 and March 2, 2021inspection reports 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.	2021025  Club House
a.	The building is an existing 2-story above grade building without a basement level, classified as a multiple/mixed use (assembly and business) occupancy, consisting of approximately six thousand three hundred sixty-nine (6,369) square feet (gross area) and originally built in 1987.
b.	The building is of Type V (111) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
3.	2021026  Building  1
a.	The building is an existing 3-story above grade building without a basement level, classified as an apartment (20 unit) occupancy, consisting of approximately thirteen thousand nine hundred eight (13,908) square feet (gross area) and originally built in 1987.
b.	The building is of Type V (111) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
4.	2021027  Building  2
a.	The building is an existing 3-story above grade building without a basement level, classified as an apartment (20 unit) occupancy, consisting of approximately thirteen thousand nine hundred eight (13,908) square feet (gross area) and originally built in 1987.
b.	The building is of Type V (111) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
5.	2021028  Building  3
a.	The building is an existing 2-story above grade building without a basement level, classified as an apartment (16 unit) occupancy, consisting of approximately ten thousand one hundred sixty-one (10,161) square feet (gross area) and originally built in 1987.
b.	The building is of Type V (111) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
6.	2021029  Building  4
a.	The building is an existing 3-story above grade building without a basement level, classified as an apartment (20 unit) occupancy, consisting of approximately thirteen thousand nine hundred eight (13,908) square feet (gross area) and originally built in 1987.
b.	The building is of Type V (111) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
7.	2021030  Building  5
a.	The building is an existing 3-story above grade building without a basement level, classified as an apartment (24 unit) occupancy, consisting of approximately sixteen thousand nine hundred ninety-four (16,994) square feet (gross area) and originally built in 1987.
b.	The building is of Type V (111) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
8.	2021031  Building  6
a.	The building is an existing 2-story above grade building without a basement level, classified as an apartment (16 unit) occupancy, consisting of approximately ten thousand seven hundred twenty-nine (10,729) square feet (gross area) and originally built in 1987.
b.	The building is of Type V (111) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
9.	2021032  Building  7
a.	The building is an existing 3-story above grade building without a basement level, classified as an apartment (24 unit) occupancy, consisting of approximately sixteen thousand nine hundred ninety-four (16,994) square feet (gross area) and originally built in 1987.
b.	The building is of Type V (111) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
10.	2021033  Building  8
a.	The building is an existing 3-story above grade building without a basement level, classified as an apartment (16 unit) occupancy, consisting of approximately ten thousand six hundred forty-six (10,646) square feet (gross area) and originally built in 1987.
b.	The building is of Type V (111) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
11.	2021034  Building  9
a.	The building is an existing 3-story above grade building without a basement level, classified as an apartment (20 unit) occupancy, consisting of approximately thirteen thousand nine hundred eight (13,908) square feet (gross area) and originally built in 1987.
b.	The building is of Type V (111) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
12.	2021035  Building  10
a.	The building is an existing 3-story above grade building without a basement level, classified as an apartment (20 unit) occupancy, consisting of approximately thirteen thousand seven hundred thirty-two (13,732) square feet (gross area) and originally built in 1987.
b.	The building is of Type V (111) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
13.	2021036  Building  11
a.	The building is an existing 3-story above grade building without a basement level, classified as an apartment (20 unit) occupancy, consisting of approximately thirteen thousand nine hundred eight (13,908) square feet (gross area) and originally built in 1987.
b.	The building is of Type V (111) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
14.	2021037  Building  12
a.	The building is an existing 3-story above grade building without a basement level, classified as an apartment (24 unit) occupancy, consisting of approximately sixteen thousand eight hundred eighteen (16,818) square feet (gross area) and originally built in 1987.
b.	The building is of Type V (111) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
15.	Smoke alarms are provided in the buildings dwelling units.
16.	The Board finds that the deficiencies described in the various inspection reports are, with minor deviation, common throughout all buildings in this complex and accordingly, the relief granted shall apply throughout the complex.
17.	The Board further incorporates and adopts the Applicants plan of action dated April 26, 2021, as referenced below and modified by the Board.
18.	There is no objection by the North Providence 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 SYSTEMS: The Board hereby grants the Applicant the following time variances from the date of the decision to comply with the provisions of RILSC sections 13.3.4.1.1 and 31.3.4.1.1 by developing and submitting a plan of action for the installation of approved fire alarm systems in accordance with section 9.6 throughout the complex, at the direction and to the satisfaction of the North Providence Fire Marshals Office:
a.	Club House and Buildings  1, 2, 3 and 4: one (1) year;
b.	Buildings  5, 6, 7, and 8: two (2) years; and,
c.	Buildings  9, 10, 11 and 12: three (3) years.
2.	EMERGENCY LIGHTING and EXIT SIGNAGE [All Buildings, as applicable]: 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 sections 13.2.9 & 31.2.9 and 7.10.1.2 by providing this facility with approved emergency lighting and exit signage in accordance with sections 7.9 & 7.10, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
3.	EMERGENCY LIGHTING / EXIT SIGNAGE INSPECTION PROGRAM [All Buildings]: This deficiency has been corrected.
4.	EGRESS / PROJECTIONS [All Buildings]: 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 7.2.2.4.3 by developing and submitting a plan of action for the installation of an approved guards and handrails throughout the complex.  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 North Providence Fire Marshals Office.
5.	KEY ACCESS BOX [All Buildings]: The Board hereby grants the Applicant the time variances outlined in item 1 above to comply with the provisions of RIFC section 18.2.2.1 by providing this complex with approved key access boxes, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
6.	HYDRANTS: The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RIFC section 18.5 and NFPA 25 (2014) section 7.2.2.5 by providing this complex with approved inspections, testing and maintenance of all private fire hydrants, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
7.	SMOKE ALARMS [Buildings  1  12]: The Board hereby grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC section 31.3.4.5.1 by providing this facility with approved smoke alarms in accordance with section 9.6.2.10, at the direction and to the satisfaction of the North Providence Fire Marshal's Office.
8.	EGRESS / TRIP HAZARDS [Buildings  1  12]: The Board hereby grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC section 7.1.6 by developing and submitting a plan of action for the installation of an approved guards and handrails throughout the complex, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
9.	INTERIOR FINISH [Buildings  1  12]:  The Board hereby grants the Applicant the time variance as set forth in item 4 above to comply with the provisions of RILSC section 31.3.3.2 by treating all wood paneling or wainscoting with an approved fire-retardant coating (intumescent paint), at the direction and to the satisfaction of the North Providence Fire Marshals Office.
10.	OPENING PROTECTIVES [Buildings  1  12]: The Board hereby grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC sections 31.2.2.2.1, 7.2.1.8 and 7.2.1.9.2 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 North Providence Fire Marshal's Office.
11.	EGRESS / USABLE SPACE [Buildings  1  12]: This deficiency has been corrected.
12.	EMERGENCY INSTRUCTIONS [Buildings  1  12]: This deficiency has been corrected.
13.	EGRESS / INTERIOR FINISH [Buildings  1  12, as applicable]: The Board hereby grants the Applicant the time variances outlined in item 1 above to comply with the provisions of RILSC sections 7.1.3.2.2 and 7.1.4.1 by providing this complex with approved interior finish within the egress systems, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
14.	COOKING EQUIPMENT [Building  2]: 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 North Providence 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)].