As indicated in the file, a hearing involving the above-captioned property was conducted remotely by Zoom webinar on Tuesday, May 11, 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 Sylvester, Booth, Thornton, Davison and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Matthew Manni of the West Warwick Fire Marshals Office.
APPLICANT: Paul Gaudreau.
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 Gaudreau (owner) of 80 Prospect Hill Avenue, West Warwick, RI dated April 12, 2021.
3.	The Application was received by the Board and File  2021040 was opened on April 16, 2021.
4.	A hearing on the Application was conducted remotely by Zoom webinar on May 11, 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 Vice-Chairman Blackburn and seconded by Commissioner Thornton 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  2021040 and are pertinent to the decision rendered:

1.	Variance Application  2021040 dated April 12, 2021 and filed on April 16, 2021.
a.	Letter of authorization for Paul Gaudreau from Yang Gaudreau dated April 12, 2021.
2.	West Warwick Fire Marshals Office Inspection Report dated March 19, 2021.
3.	Scheduling email to ADSFM Matthew Manni and Paul Gaudreau dated April 21, 2021.
4.	Zoom webinar invitation  81800714167 dated April 30 and  May 3, 2021.

EXHIBITS

The following documents were presented at the May 11, 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 Decision below corresponds with the March 19, 2021 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the May 11, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the March 19, 2021 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 Board finds through the testimony of the AHJ that this property was initially classified as a three-family apartment building and at some time in the past was converted to a two-family dwelling at the request of the owner.  The Board further finds through the testimony of the AHJ that upon responding to a recent fire incident at this location, the AHJ discovered that the second floor kitchen had been removed and that the five (5) bedrooms located on the first and second floors are being rented out individually  this account was verified by the Applicant.
3.	The building is an existing 2-story above grade building with a basement level, classified as a lodging and rooming house occupancy, consisting of approximately three thousand one hundred thirty-five (3,135) square feet (gross area) and originally built in 1929.
4.	The building is of Type V (000) construction, does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
5.	There is no objection by the West Warwick 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 a time variance of thirty (30) days from the date of the decision to comply with all outstanding violations of RILSC Chapter 26 by developing and submitting a plan of action to the West Warwick Fire Marshal.  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 West Warwick Fire Marshals Office.
2.	In the alternative, the Applicant has the option to revert the use of this structure back to a two-family dwelling at which point all Chapter 26 violations become moot.

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)].