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 Andrew Went, Jacqueline Davis and Joseph Schindler of the Providence Fire Marshals Office and Deputy State Fire Marshal James Gumbley of the State Fire Marshals Office.
APPLICANT: Christine West, Emily Hesse, Jared Sevinor and Laura Jaworski.
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 Christine West (authorized representative) of Kite Architects, 1 Central Street, Providence, RI dated May 20, 2021.
3.	The Application was received by the Board and File  2021061 was opened on June 8, 2021.
4.	The matter was initially before the Board on June 22, 2021 at which time it was reassigned until July 13, 2021 for the Applicant to meet with the AHJs and submit a revised plan of action.
5.	A subsequent 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.
6.	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 Thornton 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  2021061 and are pertinent to the decision rendered:

1.	Variance Application  2021061 dated May 20, 2021 and filed on June 8, 2021.
a.	Attached Plan of Action dated May 20, 2021
b.	Drawings (1 page) dated July 1, 2021.
c.	Photographs (2).
d.	Letter of authorization for Christine West from Jared Sevinor dated May 18, 2021.
2.	Providence Fire Marshals Office Plan Review Report  BLDG-21-671 dated [undated].
3.	Scheduling email to ADSFM Jacqueline Davis and Christine West dated June 9, 2021.
4.	Zoom webinar invitation  82126987303 dated June 14, 2021.
5.	Scheduling email to ADSFM Jacqueline Davis and Christine West dated June 22, 2021.
6.	House of Hope letter dated June 29, 2021.
7.	Applicants revised Plan of Action dated July 1, 2021.
8.	Zoom webinar invitation  83624787118 dated July 6, 2021.
9.	Applicants revised Plan of Action dated July 12, 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 Decision below corresponds with those of the [undated] plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the July 13, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the [undated] plan review 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 1-story above grade building without a basement level, classified as a multiple/mixed use occupancy, consisting of approximately forty-four thousand two hundred seventy-eight (44,278) square feet (gross area) and originally built in 1900.
3.	The building is of Type III (200) construction, has a compliant fire alarm system with emergency forces notification and is provided with an approved automatic sprinkler system.
4.	A change of use is proposed to create temporary emergency housing by providing thirty (30) two-person modular pallet sleeping enclosures within the existing structure, thereby creating a new hotel occupancy.
5.	There is no objection by the Providence or State Fire Marshals Offices 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.	EXTINGUISHMENT: The Board hereby grants the Applicant a variance from the provisions of NFPA 13 section 8.5.5.3 by allowing the proposed project design, subject to the conditions set forth below.
2.	INTERIOR FINISH: The Board hereby grants the Applicant a variance from the provisions of RILSC section 28.3.3 by allowing the proposed project design, subject to the conditions set forth below.
3.	The Board further incorporates and adopts the Applicants initial plan of action dated May 20, 2021 as subsequently modified by their revised plan of action dated July 12, 2021, and in consideration of the relief granted herein directs the Applicant to comply with each of the following conditions:
a.	The hotel occupancy space shall be monitored 24 hours/day, 7 days/week by trained, awake professional staff;
b.	A policy shall be developed and implemented wherein the windows on the sleeping units shall remain uncovered at all times to allow for visual checks by staff for occupant well-being at regular intervals;
c.	A policy shall be developed and implemented wherein cooking appliances and/or smoking is strictly prohibited within the hotel occupancy;
d.	Each sleeping unit shall be provided with automatic sprinkler protection consisting of a quick-response sprinkler head connected to a wet portion of the building sprinkler system;
e.	Each toilet/shower facility trailer shall be provided with automatic sprinkler protection;
f.	Each sleeping unit shall be provided with a combination smoke/CO detector interfaced with the building fire alarm system  fire alarm notification to be coordinated with and approved by the Providence Fire Marshal's Office;
g.	Each sleeping unit shall be provided with an approved fire extinguisher;
h.	A screening process shall be developed and implemented wherein occupancy of the facility shall be limited to semi-permanent, ambulatory persons;
i.	Two (2) additional exits shall be added to the hotel occupancy portion of the building, for a total of four (4) remote exits; and,
j.	The maximum utilization of this space pursuant to this Decision is limited to and shall be vacated after a period of twelve (12) months from the date of the decision.  The Board directs that no further extension or continuation of this relief shall be considered at the end of this period.

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)].