As indicated in the file, a hearing involving the above-captioned property was conducted remotely by Zoom webinar on Tuesday, June 15, 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 Walker, Sylvester, Booth, Thornton, Davison and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Keith Maine of the Watch Hill Fire Marshals Office.
APPLICANT: Timothy Wensus and Antonia Korosec.
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 Timothy Wensus (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard - Suite 1002, Warwick, RI dated [undated].
3.	The Application was received by the Board and File  2021048 was opened on April 29, 2021.
4.	The property was previously before the Board on November 10, 2009 at which time Decision  070556A was issued dated April 9, 2010, and on April 30, 2019 at which time Decision  190031 was issued dated May 8, 2019.
5.	The property was most recently before the Board again on October 29, 2019 at which time Decision  190031A was issued dated November 7, 2019.
6.	A hearing on the Application was conducted remotely by Zoom webinar on June 15, 2021 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	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 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  2021048 and are pertinent to the decision rendered:

1.	Variance Application  2021048 dated [undated] and filed on April 29, 2021.
a.	Attached Plan of Action dated April 28, 2021
b.	Letter of authorization for Timothy Wensus of Jensen Hughes from Antonia Korosec dated April 24, 2021.
2.	Watch Hill Fire Marshals Office Inspection Report dated April 9, 2021.
3.	Decision  190031A dated November 7, 2019.
4.	Scheduling email to ADSFM Keith Maine and Timothy Wensus dated April 29, 2021.
5.	Zoom webinar invitation  82848362077 dated June 7, 2021.

EXHIBITS

The following documents were presented at the June 15, 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 April 9, 2021 inspection report compiled by the Watch Hill Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Watch Hill Fire Marshals Office during the June 15, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the April 9, 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 building is an existing 5-story above grade building with two (2) basement levels, classified primarily as a hotel occupancy, consisting of approximately one hundred fifty-six thousand one hundred twenty-five (156,125) square feet (gross area), originally built in 1868 and reconstructed in 2009.
3.	The building is of Type II (222) construction, has a compliant fire alarm system with emergency forces notification and is provided with an approved automatic sprinkler and standpipe system.
4.	Hard-wired carbon monoxide (CO) alarms are provided in the buildings sleeping units.
5.	The maximum occupant load of the facility has been calculated at five hundred fifty (550) persons.
6.	The Board finds through the testimony of the Applicant, the following as it relates to high-rise classification of the building:
a.	The lowest level of fire department vehicular access to the building is designated as Level B-2,  which has been established at 32  6 NGVD [National Geodetic Vertical Datum].
b.	There is one section of the facility known as the Tower Suite which consists of a single hotel suite that includes a primary Level 4 living area, a Level 5 Mezzanine and an additional upper level designated as the Crows Nest.
c.	The Level 5 Mezzanine consists of approximately two hundred forty square feet (240 ft2) and is approximately seventy-six (76) feet above the lowest level of fire department vehicular access to the building at 108  6.
d.	The Crows Nest consists of approximately seventy square feet (70 ft2) and is approximately eighty-six (86) feet above the lowest level of fire department vehicular access to the building at 118  9 .
e.	The combined space of these two areas at three hundred ten square feet (310 ft2), which is the basis for the high-rise requirements at issue [101:3.3.36.7], constitute approximately 0.002  of the total space of the entire facility.
7.	There is no objection by the Watch Hill 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.	HIGH-RISE BUILDINGS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 11.8 by allowing the existing facility to remain in use without designation as a high-rise building based on the determination that only an extremely small portion of the facility (0.002 ) would qualify for this categorization.

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)].