As indicated in the file, a hearing involving the above-captioned property was conducted remotely by Zoom webinar on Tuesday, July 13, 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, Booth, Thornton, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Christopher Garofalo and Raymond Dufault of the Newport Fire Marshals Office.
APPLICANT: Alexander Nesbitt.
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 Alexander Nesbitt (owner) of 89 Thames Street, Newport, RI dated May 7, 2021.
3.	The Application was received by the Board and File  2021052 was opened on May 13, 2021.
4.	A hearing on the Application was conducted remotely by Zoom webinar on July 13, 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 reviewing such information, a motion was made by Commissioner O'Donnell 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  2021052 and are pertinent to the decision rendered:

1.	Variance Application  2021052 dated May 7, 2021 and filed on May 13, 2021.
a.	Attached Plan of Action dated June 30, 2021
b.	Drawings (4 pages) dated [undated].
c.	Photographs (12) dated [undated].
2.	Newport Fire Marshals Office Inspection Report dated April 5, 2021.
3.	Scheduling email to ADSFM Christopher Garofalo and Alexander Nesbitt dated May 13, 2021.
4.	Applicants request for continuance (email) dated June 9, 2021.
5.	Scheduling email to ADSFM Christopher Garofalo and Alexander Nesbitt dated June 11, 2021.
6.	Zoom webinar invitation  83624787118 dated July 6, 2021.

EXHIBITS

The following documents were presented at the July 13, 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 5, 2021 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 July 13, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the April 5, 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 4-story above grade building with a basement level, classified as a multiple/mixed use (mercantile & residential  2 unit) occupancy, consisting of approximately four thousand four hundred fifty-three (4,453) square feet (gross area) and originally built in 1870.
3.	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.
4.	Non-compliant smoke alarms and carbon monoxide (CO) alarms are provided in the building.
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.	EGRESS / MIXED OCCUPANCIES: 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 6.1.14.3.2.1 and 24.2.2.1 by developing and submitting a plan of action for the installation of an approved fire alarm system in accordance with section 9.6 and an approved sprinkler system in accordance with section 9.7 throughout the facility.  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 Newport Fire Marshals Office.
2.	This deficiency/violation has been corrected.
3.	This deficiency/violation has been corrected.
4.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant a time variance of one (1) week from the date of the decision above to comply with the provisions of RILSC section 37.3.2.1.1 by treating the furnace closet door located in the mercantile unit with an approved fire-retardant coating (intumescent paint), at the direction and to the satisfaction of the Newport Fire Marshals Office.
5.	STORAGE OF COMBUSTIBLES: The Board hereby grants the Applicant a time variance of one (1) week from the date of the decision above to comply with the provisions of RIFC section 10.18.5 by removing all combustibles stored in the boiler, mechanical and electric rooms, at the direction and to the satisfaction of the Newport Fire Marshals Office.
6.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant a time variance of one (1) week from the date of the decision above to comply with the provisions of RILSC sections 37.3.2.1.1 and 8.7.1.3 by providing approved opening protectives (door) for the furnace room, at the direction and to the satisfaction of the Newport Fire Marshals Office.
7.	This deficiency/violation 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 Newport 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)].