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 Andrew Went of the Providence Fire Marshals Office.
APPLICANT: Jack Silva, Maria Smith and Timothy Wensus.
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 Jack Silva (authorized representative) of RISD, 2 College Street, Providence, RI dated April 27, 2021.
3.	The Application was received by the Board and File  2021049 was opened on May 3, 2021.
4.	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.
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 Sylvester and seconded by Commissioner Walker 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  2021049 and are pertinent to the decision rendered:

1.	Variance Application  2021049 dated April 27, 2021 and filed on May 3, 2021.
a.	Attached Plan of Action dated April 28, 2021.
b.	Letter of authorization for Jack Silva from David Proulx dated May 3, 2021.
2.	Providence Fire Marshals Office plan of action letter dated April 29, 2021.
3.	Scheduling email to ADSFM Andrew Went and Jack Silva dated May 4, 2021.
4.	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 numbers of the Decision below correspond with those of the April 28, 2021 plan of action report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the June 15, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the April 28, 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 3-story above grade building with a basement level, classified as a business occupancy, consisting of approximately fourteen thousand (14,000) square feet (gross area) and originally built in 1775.
3.	The building is of Type III (200) construction, will have a compliant voice evacuation fire alarm system with emergency forces notification and is provided with an approved automatic sprinkler system.
4.	The Board further incorporates and adopts the NFPA 101A Fire Safety Evaluation for Business Occupancies as set forth in the Applicants plan of action dated April 28, 2021 as an equivalent level of life safety as it relates to the front stairway as a means of egress.
5.	The Board acknowledges and overrules the objection by the Providence Fire Marshals Office to the granting of the relief outlined herein as it relates to items  3 and 4 below.

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.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 39.2.4.1 and 7.1.3.2.1(3)(a) by allowing the existing unenclosed front stairway to remain in use without modification based upon a structural hardship.
2.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 7.1.3.2.1(9) & (10) by allowing the existing janitors closets containing electrical panels located within the rear stairway [levels B, 1 & 3] to remain in use without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
a.	No combustible storage within the closets;
b.	System smoke detection to be provided inside each closet;
c.	Closet to be locked with access only by authorized personnel; and,
d.	No Storage Allowed signage to be posted at each closet.
3.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.3.2.1(9) by allowing the existing janitors closet located within the front stairway [level B] to remain in use without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
a.	System smoke detection to be provided inside the closet; and,
b.	A new 60-minute fire protection rated door assembly to be provided for separation between the closet and the stairway.
4.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.4.6.2 by allowing the existing front and rear stairway guardrails to remain in use (36 at the landings) without modification based upon a structural hardship and historical significance.

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.
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)].