As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, July 26, 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: Commissioners Pearson, Booth, Thornton, ODonnell, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Robert Couture and James Gumbley of the State Fire Marshals Office.
APPLICANT: Wade Palazini and Steve Persson.
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 Wade Palazini (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard  Suite 1002, Warwick, RI dated June 23, 2022.
3.	The Application was received by the Board and File  2022068 was opened on June 23, 2022.
4.	A hearing on the Application was conducted on July 26, 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 Thornton and seconded by Commissioners Muto and Spaziani to grant the Applicant the relief 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  2022068 and are pertinent to the decision rendered:

1.	Variance Application  2022068 dated June 23, 2022 and filed on June 23, 2022.
a.	Attached Plan of Action dated June 23, 2022
b.	Letter of authorization for Jensen Hughes from Lisa Persson Brown dated June 22, 2022.
2.	State Fire Marshals Office Inspection Report dated June 21, 2022.

EXHIBITS

The following documents were presented at the July 26, 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 June 23, 2022 plan of action report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the July 26, 2022 hearing on this matter.  Accordingly, the Board hereby incorporates the June 23, 2022 plan of action 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 without a basement level, classified as a multiple/mixed use (assembly and residential) occupancy, consisting of approximately fifteen thousand six hundred fifty (15,650) square feet (gross area) and originally built in 1980.
3.	The building is of Type V (000) construction, has a compliant fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
4.	The maximum calculated occupant load of the restaurant facility has been calculated at three hundred seventy (370) persons.
5.	It is agreed to by the parties that the maximum probable occupant load of the facility has been calculated at two hundred eighty-four (284) persons.
6.	The Board finds that the use of the property is an organized dining facility that operates for limited hours on Fridays, Saturday and Sundays only, mid-April through mid-December.
7.	The Board further finds that the Applicant has provided additional means of egress, fire alarm detection and crowd managers in excess of that required by code.
8.	There is no objection by the State 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.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.3.5.1 by allowing the existing facility to remain in use without automatic sprinkler protection based upon the limited and distinctive use of the facility.  In consideration of the relief granted herein, the Board directs the Applicant to abide by the following conditions:
a.	The current operating plan and seating arrangement shall be maintained;
b.	The maximum occupant load shall not exceed two hundred eighty-four (284) persons;
c.	The current egress configuration shall be maintained and deemed as required;
d.	The current number of crowd managers (4) shall be maintained and deemed as required;
e.	The current fire alarm system detection configuration shall be maintained and deemed as required; and,
f.	Any change in the facility operating plan and/or seating arrangement shall be first approved by the State 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)].