As indicated in the file, a hearing involving the above-captioned property was conducted remotely by Zoom webinar on Tuesday, March 29, 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, Booth, Davison, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Derek Silva of the Providence Fire Marshals Office and Chief Deputy State Fire Marshal James Gumbley of the State Fire Marshals Office.
APPLICANT: David O'Connor and Desiree Cabbabe.
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 David OConnor (authorized representative) of 374 Easton Street, Providence, RI dated February 1, 2022.
3.	The Application was received by the Board and File  2022029 was opened on March 7, 2022.
4.	A hearing on the Application was conducted remotely by Zoom webinar on March 29, 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 Booth and seconded by Commissioner O'Donnell to deny the Applicant the relief requested as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2022029 and are pertinent to the decision rendered:

1.	Variance Application  2022029 dated February 1, 2022 and filed on March 7, 2022.
2.	Providence Fire Marshals Office plan of action review letter (email) dated [undated].
3.	Scheduling notice to Providence and State Fire Marshals Offices and David OConnor dated March 7, 2022.
4.	Zoom webinar invitation  84766460856 dated March 21, 2022.

EXHIBITS

The following documents were presented at the March 29, 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 plan of action compiled by the Applicant.  The above plan was utilized by the Board, the Applicant and the Providence and State Fire Marshals Offices during the March 29, 2022 hearing on this matter.  Accordingly, the Board hereby incorporates the plan 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 2-story building with the level of exit discharge on the upper level, most recently classified as an assembly occupancy (former social club), consisting of approximately seven thousand nine hundred forty-four (7,944) square feet (gross area) and originally built in 1954.
3.	The building is of ordinary construction, has local fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The Board finds that since January 2022, the facility has been utilized for the housing of up to fifty (50) unsheltered individuals, utilizing both levels of the building.
5.	The Board further finds that the Applicant is requesting to maintain this operation at the current status and to be classified as a temporary Emergency Shelter occupancy in accordance with RILSC Chapter 27.
6.	The Board heard testimony from both Marshal Silva and Marshal Gumbley as to the challenges presented at the property and the number of instances where the requirements for Emergency Shelter occupancies are not being met, and in fact have deteriorated rather than improved.
7.	The Board further heard from the Applicants regarding their overall plan for the property and the steps that they have taken to address some of the concerns of the AHJs.
8.	The Board heard testimony from Brian DeChambeau [abutting property owner at 18 Danforth Street] and comments from State Fire Marshal Timothy McLaughlin and a member of the public [Miss Althea], all of whom opposed any granting of relief by the Board.
9.	The Board finds that both the Providence Fire Marshals Office and the State Fire Marshal's Office object to the granting of the relief requested by the Applicant.
10.	Finally, the Board finds that increasing the applicability of the current Emergency Shelter standards to allow more than sixteen (16) occupants or the utilization of multiple levels for housing is neither warranted nor appropriate based upon the totality of the circumstances presented.

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 Board directs that the facility may continue to be classified as an Emergency Shelter occupancy provided that all of the requirements of RILSC Chapter 27 are complied with.
2.	The Board hereby denies the Applicants request to maintain the current occupancy level in excess of sixteen (16) occupants and grants the Applicant a time variance of seventy-two (72) hours from the date of the hearing to comply with the provisions of RILSC section 27.1.1.1 by reducing the number of occupants of the facility to sixteen (16) or fewer, at the direction and to the satisfaction of the State and Providence Fire Marshals Offices.
3.	The Board hereby denies the Applicants request to maintain the use of the lower level to house occupants and grants the Applicant a time variance of seventy-two (72) hours from the date of the hearing to comply with the provisions of RILSC section 27.1.1.4 by discontinuing the use of the lower level of the facility for the housing of occupants, at the direction and to the satisfaction of the State and Providence Fire Marshals Offices.
4.	In consideration of the relief granted herein, the Board directs the Applicant to remove all excessive storage and combustibles within fifteen (15) days from the date of the decision, at the direction and to the satisfaction of the State and Providence Fire Marshals Offices.

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)].