As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, October 19, 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: Vice-Chairman Blackburn and Commissioners Pearson, Thornton, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Robbie Lopez of the State Fire Marshals Office.
APPLICANT: Gene Arganese.
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 Gene Arganese (owner) of Gene Properties, LLC, 149 Atlantic Avenue, Westerly, RI dated July 29, 2021.
3.	The Application was received by the Board and File  2021090 was opened on August 25, 2021.
4.	The property was previously before the Board on a number of occasion, most recently on March 20, 2018 at which time Decision  170163 was issued dated March 29, 2018.
5.	A hearing on the Application was conducted on October 19, 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 Pearson and seconded by Commissioner Muto 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  2021090 and are pertinent to the decision rendered:

1.	Variance Application  2021090 dated July 29, 2021 and filed on August 25, 2021.
2.	State Fire Marshals Office Inspection Report dated April 16, 2021.
3.	Decision  170163 dated March 29, 2018.

EXHIBITS

The following documents were presented at the October 19, 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 16, 2021 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the October 19, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the April 16, 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 3-story above grade building with a basement level, classified as a hotel occupancy, consisting of approximately twenty-two thousand eight hundred eighty-two (22,882) square feet (gross area) and originally built in 1985.
3.	The building is of Type V (000) construction, has a compliant fire alarm system with emergency forces notification and is provided with an approved (with deficiencies) automatic sprinkler system.
4.	There is no objection by the State 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.	This deficiency/violation has been corrected.
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.	EXTINGUISHMENT: 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 29.3.5.3 & 9.7.1.1, NFPA 13 (2013) section 27.1 and NFPA 25 (2014) section 14.2.1.1 by developing and submitting a plan of action for conducting an internal piping inspection of the facilitys automatic sprinkler system.  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 State Fire Marshals Office.
7.	EXTINGUISHMENT: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to determine which standard was utilized for the design and installation of the facilitys automatic sprinkler system  NFPA 13 or NFPA 13R  and if the violation is still applicable if it is determined to be a 13R system.  If at that time it is determined that the requirements of NFPA 13 are in fact applicable, the Board grants the Applicant the time variance outlined in item 6 above to comply with the provisions of RIFC section 13.3.2.6 by providing this facility with an approved supervised automatic sprinkler system protection for the exterior porches in accordance with section 9.7, at the direction and to the satisfaction of the State Fire Marshal's Office.
8.	This deficiency/violation has been corrected.
9.	This deficiency/violation has been corrected.
10.	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 State Fire Marshals Office, upon receiving a written request, 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: 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)].