As indicated in the file, a hearing involving the above-captioned property was conducted remotely by Zoom webinar on Tuesday, February 15, 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 and Commissioners Pearson, Walker, Sylvester, Booth, Thornton, Davison and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Albert Ledoux of the Limerock Fire Marshals Office and Attorney Louis DeSimone.
APPLICANT: Attorney W. Mark Russo, Roger Pierce and Derek Sharp.
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 Attorney W. Mark Russo (authorized representative) of 55 Pine Street  3rd Floor, Providence, RI dated January 10, 2022.
3.	The Application was received by the Board and File  2022009 was opened on January 13, 2022.
4.	A hearing on the Application was conducted remotely by Zoom webinar on February 15, 2022 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 Sylvester and seconded by Commissioner Pearson to deny the Applicant the relief requested as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2022009 and are pertinent to the decision rendered:

1.	Variance Application  2022009 dated January 10, 2022 and filed on January 13, 2022.
a.	Attached Exhibit A.
2.	Scheduling email to ADSFM Albert Ledoux and Attorney W. Mark Russo dated January 13, 2022.
3.	Zoom webinar invitation  83110324595 dated February 7, 2022.
4.	Email from Attorney Louis DeSimone with submissions dated February 14, 2022 at 16:54.
a.	RIGL 23-28.2-26.
b.	Email from Derek Sharp to Timothy Walsh dated September 23, 2021.
c.	Limerock Fire District Rules and Regulations Plan Review Submittals  Effective Date: October 1st, 2017.
5.	Email from Attorney Matthew Pimentel with attachments dated February 15, 2022 at 09:39.
a.	Affidavit of Roger Pierce dated February 14, 2022.
b.	Exhibit A  Permit Fees effective July 1, 2018.
c.	Exhibit B  State of Rhode Island Building Valuation Data table dated [undated].
d.	Exhibit C  Twin River Renovations Cost/Square Footage Breakdown table dated [undated].
6.	Email from Attorney DeSimone objecting to Pierce affidavit dated February 15, 2022 at 09:50.

EXHIBITS

The following documents were presented at the February 15, 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 Decision below reflects a review of the Limerock Fire District [LFD] Fire Marshals application of RIFC section 1.14.3.4 and the calculation of plan review fees for an expansion project at the Ballys Twin River [BTR].
2.	The project in question is a proposed 60,920 sf addition to the existing casino facility.
3.	The Board heard argument from the Applicants attorney, W. Mark Russo, and testimony from Lincoln Building Official Roger Pierce and Senior Project Manager Derek Sharp.  The Board acknowledged the objection by the LFD to Mr. Pierces testimony.
4.	The Board heard argument from the LFD attorney, Louis DeSimone.
5.	The Board finds that the LFD is an independent fire district and not a department within or under the control of the Town of Lincoln.
6.	The Board finds that the Applicant, through its agent Suffolk Construction submitted project plans to the LFD for plan review citing a construction cost of 50,500,00.00 resulting in a plan review fee set by LFD at 203,000.00.
7.	The Board rejects the Applicants argument that Town of Lincoln Municipal Ordinance Chapter 117. Fees, Article I. Building Permits,  117-1. Fees for building permits and/or  117-2. New structure is controlling as it relates to the LFD plan review fees determination.
8.	The Board finds that the municipal ordinance applicable in this matter is the LFD Rules and Regulations titled Plan Review Submittals.
9.	The Board further finds that the building officials determination of the project cost of construction for the purposes of determining a building permit fee is separate and distinct from the fire officials determination of the project cost of construction for the purposes of determining a plan review fee.
10.	The Board finds that while using the building officials determination for cost of construction is one method that may be relied upon by the fire official, it is not the only method and it is not required  that using the Applicants own submittal value for the cost of construction is both reasonable and justified.

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.	The Applicants request to reduce the LFD plan review fee to 43,477.01 is denied.

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)].