As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, July 27, 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 and 42-46-3.

	Participating at the hearing were the following:
COMMISSIONERS: Chairman Newbrook  and Commissioners Pearson, Booth, Thornton and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal David Goldstein of the Pawtucket Fire Marshals Office.
APPLICANT: Wade Palazini and Frank Milos, Esq.
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 Eric Earls (authorized representative) of City of Pawtucket, 250 Armistice Boulevard, Pawtucket, RI dated [undated].
3.	The Application was received by the Board and File  2020095 was opened on December 11, 2020.
4.	The matter was previously before the Board on April 20, 2021 and May 25, 2021 at which time it was reassigned for the Applicant to consult with a design professional(s) to develop a comprehensive plan of action.
5.	A hearing on the Application was conducted on July 27, 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 reviewing such information, a motion was made by Commissioner Thornton and seconded by Commissioner Pearson to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2020095 and are pertinent to the decision rendered:

1.	Variance Application  2020095 dated [undated] and filed on December 11, 2020.
2.	Pawtucket Fire Marshals Office Inspection Report dated July 8, 2020.
3.	Applicants [Jensen Hughes] Plan of Action dated July 13, 2021.

EXHIBITS

The following documents were presented at the July 27, 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 July 8, 2020 inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the July 27, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the July 8, 2020 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 property consists of two previously separate buildings [Sayles Building and Burns Building] which have been joined by a Connector Building around 1980.
a.	The Sayles Building is an existing 2-story above grade building with three (3) mezzanine levels and without a basement level, classified as an assembly (library) occupancy, consisting of approximately seventeen thousand five hundred  (17,500) square feet (gross area) and originally built in 1900.
b.	The building is of Type II (000) construction, has a compliant fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
c.	The Burns Building is an existing 2-story above grade building with a basement level, classified as an assembly (library) occupancy, consisting of approximately twenty-one thousand (21,000) square feet (gross area) and originally built in 1897.
d.	The building is of Type III (200) construction, has a compliant fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
e.	The boiler rooms in the Sayles Building and the Burns Building as well as storage rooms in the Burns Building are protected with domestically-supplied sprinklers that are monitored by the buildings fire alarm system.
3.	The maximum occupant load of the entire facility has been calculated at six hundred thirty-five (635) persons.
4.	There is no objection by the Pawtucket 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.	MINIMUM CONSTRUCTION REQUIREMENTS: The Board hereby grants the Applicant a time variance of three (3) years from the date of the decision to comply with the provisions of RILSC section Table 13.1.6 by installing an approved automatic sprinkler system in accordance with section 9.7 throughout the Burns Building and the Connector Building, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.  The Board further grants a variance from the provisions of RILSC section 3.3.85.1 allowing both levels of the Sayles Building to be considered a level of exit discharge and to RILSC section 8.2.1.3.1(1) allowing the Sayles Building and Burns Building to be considered separate buildings notwithstanding the five (5) unprotected window openings in the Sayles Building that overlook the Connector Building.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
a.	A two (2)-hour fire resistance rated separation shall be provided between the Sayles Building and the Connector Building;
b.	Occupancy of the basement and second levels of the Burns Building shall be limited to no more than forty-nine (49) occupants each until such time that the sprinkler system installation is completed; and,
c.	Verification of project funding shall be submitted to the Pawtucket Fire Marshals Office on or before July 1, 2022.
2.	This deficiency/violation has been corrected.
3.	This deficiency/violation has been corrected.
4.	This deficiency/violation has been corrected.
5.	This deficiency/violation has been corrected.
6.	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).

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)].