As indicated in the file, a hearing involving the above-captioned properties 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 Marshal Andrew Went of the Providence Fire Marshals Office.
APPLICANT: Robert Budman, Timothy Wensus and Nikhil Nardhani.
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 Robert Budman (authorized representative) of Braeburn Chatham, LP, 11911 San Vincente Boulevard  Suite 355, Los Angeles, CA  90049 dated May 25, 2021.
3.	The Application was received by the Board and File  2021066 was opened on June 25, 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 Muto and seconded by Commissioner Pearson to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.
6.	On August 12, 2021 the Applicant notified the Board that the street address provided in the application for the property was the address commonly used however not the address on file with the City of Providence.
7.	The request to correct the street address was subsequently presented to the Board for approval on August 31, 2021 at which time Chairman Newbrook and Commissioners Pearson, Walker, ODonnell & Muto were in attendance.  At that time a motion was made by Commissioner Muto and seconded by Commissioner Walker to approve the request as presented.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2021066 and are pertinent to the decision rendered:

1.	Variance Application  2021066 dated May 25, 2021 and filed on June 25, 2021.
a.	Attached Plan of Action dated May 12, 2021.
b.	Letter of authorization from Robert Budman dated June 24, 2021.
2.	Providence Fire Marshals Office plan of action Report dated June 18, 2021.
3.	Scheduling email to ADSFM Andrew Went and Robert Budman dated June 29, 2021.
4.	Zoom webinar invitation  83624787118 dated July 6, 2021.
5.	Email from Applicant [Nikhil Nardhani] dated August 12, 2021 with an attached written request dated August 10, 2021 from Robert Budman to correct the street address for the property.

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 the May 12, 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 July 13, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the May 12, 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 Board finds that the commonly used street address of the property known as 25 Harwol Court is officially recorded in the City of Providence Online Assessment Database as 45 Harwol Court [Plat 102 / Lot 214].
3.	There is no objection by the Providence 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: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.4.6.2 by allowing the existing stairway guards to remain in use at a height of forty-one (41) inches without modification based upon a structural hardship.

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)].