As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, September 14, 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: Acting Chairman Blackburn and Commissioners Pearson, Booth, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal A. Joseph Houle, III of the West Warwick Fire Marshals Office.
APPLICANT: Stephen ORourke and Michelle Bergin, 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 Stephen O'Rourke (authorized representative) of West Warwick Housing Authority, 62 Robert Street, West Warwick, RI dated June 29, 2021.
3.	The Application was received by the Board and File  2021075 was opened on July 1, 2021.
4.	A hearing on the Application was conducted on September 14, 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 Pearson and seconded by Commissioner Booth 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  2021075 and are pertinent to the decision rendered:

1.	Variance Application  2021075 dated June 29, 2021 and filed on July 1, 2021.
a.	Attached Plan of Action dated June 26, 2021
b.	Letter of authorization for Stephen ORourke from Thomas Zampa dated June 29, 2021.
2.	West Warwick Fire Marshals Office Inspection Report dated June 5, 2021.
a.	Letter to Jean Tellier [WWHA] from BC David Pastore [WWFD] dated February 15, 2006.
b.	Letter to Jean Tellier [WWHA] from BC David Pastore [WWFD] dated February 11, 2008.
c.	Letter to WWHA from WWFD dated October 26, 2020.
d.	Letter to WWHA from WWFD dated May 6, 2021.
3.	Reschedule Notice dated August 17, 2021.

EXHIBITS

The following documents were presented at the September 14, 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 June 5, 2021 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the September 14, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the June 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 7-story above grade high-rise building without a basement level, classified as an apartment (126 units) occupancy, consisting of approximately one hundred two thousand five hundred eighty-seven (102,587) square feet (gross area) and originally built in 1964.
3.	The building is of ordinary construction, has a non-compliant fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
4.	The Board finds that a determination has been made that the height of this building at sixty-three (63) feet does not meet the definition of a high-rise building.
5.	There is no objection by the West Warwick 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.	FIRE ALARM SYSTEM: 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 section 31.3.4.1 by developing and submitting a plan of action for the installation of an approved fire alarm system in accordance with section 9.6 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 West Warwick Fire Marshals Office.
2.	EXTINGUISHMENT: This deficiency has been withdrawn by the AHJ as the building is not classified as a high-rise building.
3.	CARBON MONOXIDE ALARMS: This deficiency has been withdrawn by the AHJ as the building dwelling units do not trigger the requirements of section 31.3.4.6.1.
4.	This deficiency/violation has been corrected.
5.	This deficiency/violation has been corrected.
6.	This deficiency/violation has been corrected.
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).

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: RIGL section 23-28.3-6 and 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)].