As indicated in the file, a hearing involving the above-captioned property was conducted remotely by Zoom webinar on Tuesday, January 11, 2022 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, Vice-Chairman Blackburn and Commissioners Pearson, Walker, Booth, Thornton, Davison, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Kevin Tuthill of the Narragansett Fire Marshals Office.
APPLICANT: James Lau and Peter Casale.
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 Chung Hing Lau (owner) of New Dragon, Inc. dated [undated].
3.	The Application was received by the Board and File  2021100 was opened on October 15, 2021.
4.	The matter was before the Board on two previous occasions  November 16, 2021 and December 21, 2021 where the Applicant was directed to return with a revised plan of action.
5.	A subsequent hearing on the Application was conducted remotely by Zoom webinar on January 11, 2022 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 Vice-Chairman Blackburn to grant the Applicant the relief as outlined herein.  The motion passed on a 9 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2021100 and are pertinent to the decision rendered:

1.	Variance Application  2021100 dated [undated] and filed on October 15, 2021.
a.	Attached Plan of Action received December 23, 2021
b.	Drawings (2 pages) dated September 21, 2021
c.	Letter of authorization for James Lau from Chung Hing Lau dated [undated].
2.	Narragansett Fire Marshals Office Inspection Report dated October 6, 2021.
3.	Reschedule Notice dated  December 28, 2021.
4.	Zoom webinar invitation  82996839561 dated January 6, 2022.

EXHIBITS

The following documents were presented at the January 11, 2022 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 October 6, 2021 inspection report compiled by the Narragansett Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Narragansett Fire Marshals Office during the January 11, 2022 hearing on this matter.  Accordingly, the Board hereby incorporates the October 6, 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 1-story above grade building with a basement level, classified as an assembly occupancy, consisting of approximately six thousand nine hundred sixty-two (6,962) square feet (gross area) and originally built in 1975.
3.	The building is of masonry construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
a.	The building is currently used as an existing place of assembly (restaurant) with an occupant load less than three hundred (300) persons  approximately one hundred seventy-seven (177) persons;
b.	The owner desires to convert a portion of the first floor dining space to a new nightclub use with an occupant load of one hundred twenty-six (126) persons;
c.	The Board finds that in this proposed configuration, fire alarm system emergency forces notification and automatic sprinkler protection are not required; and,
d.	The Board further finds that all violations previously cited by the AHJ have been brought into compliance.
4.	There is no objection by the Narragansett 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, (2018 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, (2018 edition) as incorporated by reference and amended by 450-RICR-00-00-8.

1.	NIGHTCLUB: The Board hereby finds that relief is not required at this time for the proposed operation described to proceed, however, the following conditions are imposed:
a.	The first floor may be used as a nightclub space without fire alarm system emergency forces notification or automatic sprinkler protection provided that the occupant load remains less than one hundred fifty (150) persons;
b.	All other nightclub requirements set forth in RIGL section 23-28.6-22 and RILSC Chapter 12 shall be met prior to occupancy as a nightclub; and,
c.	The occupant load of the nightclub space may be increased above one hundred fifty (150) persons, subject to the available exit capacity once the fire alarm system emergency forces notification and automatic sprinkler protection systems have been installed and are operational.

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)].