As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, March 22, 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 and 42-46-3.

	Participating at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Pearson, Booth, Thornton, Davison and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Mark Reimels of the Portsmouth Fire Marshals Office.
APPLICANT: Robert Johnson.
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 Johnson (authorized representative) of 47 South Main Street, Uxbridge, MA dated October 29, 2021.
3.	The Application was received by the Board and File  2021103 was opened on November 2, 2021.
4.	The matter was initially before the Board on November 30, 2021 where it was continued without a finding for ninety (90) days to allow the Applicant to return with a revised plan of action.
5.	A subsequent hearing on the Application was conducted on March 22, 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 Vice-Chairman Blackburn and seconded by Commissioner Thornton to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2021103 and are pertinent to the decision rendered:

1.	Variance Application  2021103 dated October 29, 2021 and filed on November 2, 2021.
a.	Attached Plan of Action dated October 28, 2021.
b.	Supplemental Plan of Action dated March 11, 2022.
2.	Portsmouth Fire Marshals Office Inspection Reports dated October 12, 2021 [Girls Dorm], February 4, 2022 [Alfred Horton Retreat Center, Tabernacle & Kitchen/Dining] and February 10, 2022 [Edmund Slocum Boys Dorm].
3.	Applicants email request for a continuance dated February 15, 2022.
4.	Reschedule Notice dated December 2, 2021.
5.	Zoom webinar invitation [ 81352309304] dated March 14, 2022.

EXHIBITS

The following documents were presented at the March 22, 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 corresponds with the October 13, 2021, February 4, 2022 and February 10, 2022 inspection reports compiled by the Portsmouth Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the Portsmouth Fire Marshals Office during the November 30, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the above inspection reports 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 facility consists of five (5) buildings that are the basis of this appeal: Girls Dorm, Edmund Slocum Boys Dorm, Alfred Horton Retreat Center, Tabernacle (Place of Worship) and the Kitchen/Dining Hall.
3.	The Board finds that the above buildings are occupied on a seasonal basis only for nine (9) days annually and are unoccupied for the remainder of the year except for maintenance workers and volunteers performing facility upkeep.
4.	The Board further finds through the testimony of the Applicant that there are also several residential cottages located on the property owned and occupied by various volunteers of the organization that are not a subject of this appeal.
5.	There is no objection by the Portsmouth 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.

GIRLS DORM

1.	21-144-VN through 21-156-VN: The Board hereby grants the Applicant a time variance until August 6, 2022 to comply with all violations, at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.


EDMUND SLOCUM BOYS DORM

1.	22-2-VN: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.2.1.1(b) by allowing the existing secondary entrance to the second floor to remain in use without modification based upon a structural hardship.
2.	22-1-VN and 22-3-VN through 22-11-VN: The Board hereby grants the Applicant a time variance until August 6, 2022 to comply with all violations, at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.

ALFRED HORTON RETREAT CENTER

1.	22-18-VN through 22-26-VN: The Board hereby grants the Applicant a time variance until August 6, 2022 to comply with all violations, at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.

TABERNACLE (Place of Worship)

1.	22-27-VN through 22-35-VN: The Board hereby grants the Applicant a time variance until August 6, 2022 to comply with all violations, at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.

KITCHEN/DINING HALL

1.	22-12-VN through 22-17-VN: The Board hereby grants the Applicant a time variance until August 6, 2023 to comply with all violations, at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.
2.	In consideration of the relief granted herein, the Board directs the Applicant to implement a plan of action that adheres to the following conditions until such time that all violations have been corrected:
a.	Use of the commercial cooking equipment shall be restricted to warming, reheating and boiling water so that there are no cooking operations that produce smoke or grease-laden vapors;
b.	Seating for meals within the dining hall shall be limited to groups of forty-nine (49) persons or less at any one time;
c.	A certified crowd control manager shall be provided;
d.	Panic hardware shall be installed on the dining hall exit doors; and,
e.	Fire extinguisher training shall be provided to all staff members.

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)].