As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 21, 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 and Commissioners Booth, Davison, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Matthew Manni and A. Joseph Houle of the West Warwick Fire Marshals Office and Deputy State Fire Marshal David Pastore of the State Fire Marshal's Office.
APPLICANT: Sit Kwok Kin and Michael, DiMeo, PE.
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 Sit Kwok Kin (owner) of 1545 South Road, East Greenwich, RI dated [undated].
3.	The Application was received by the Board and File  2022050 was opened on May 9, 2022.
4.	A hearing on the Application was conducted on June 21, 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 Muto and seconded by Commissioner Booth 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  2022050 and are pertinent to the decision rendered:

1.	Variance Application  2022050 dated [undated] and filed on May 9, 2022.
a.	Attached Plan of Action dated May 19, 2022
2.	West Warwick Fire Marshals Office Inspection Report dated August 24, 2021.
3.	Applicants request for a continuance dated May 25, 2022.
4.	Reschedule Notice dated May 25, 2022.

EXHIBITS

The following documents were presented at the June 21, 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 August 24, 2021 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the June 21, 2022 hearing on this matter.  Accordingly, the Board hereby incorporates the August 24, 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 2-story above grade building with a basement level, classified as a multiple/mixed use (mercantile/restaurant and apartment) occupancy, consisting of approximately eight thousand five hundred eighty-six (8,586) square feet (gross area) and originally built in 1900.
3.	The building is of wood frame construction with masonry exterior, has a compliant fire alarm system in the restaurant level only and is not provided with an approved automatic sprinkler system.
4.	There is no objection by the West Warwick 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.

The Board hereby grants the Applicant a time variance from the provisions of the RILSC and directs that all cited deficiencies ( 1   15) be corrected prior to the re-occupancy of any of the second floor apartment dwelling units, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.

More specifically as it relates to Deficiency  8, the Board hereby denies the Applicants request to utilize the previously installed non-labeled metal doors [installed without permits or plan review] and directs that all doors in the second floor means of egress comply with RILSC sections 31.2.2.13, 31.3.6.2.1 and 31.3.6.2.3, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.

More specifically as it relates to Deficiency  9, the Board hereby denies the Applicants request to apply a fire-retardant coating (intumescent paint) to the interior wall surfaces of the apartment dwelling units, and directs that the second floor corridor and stairwell wall surfaces be treated with an approved fire-retardant coating (intumescent paint) and comply with RILSC sections 31.3.3 and 10.2.6, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.

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)].