As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, August 16, 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, Davison, ODonnell, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Robert Dufault and Justin DeWolf of the Newport Fire Marshals Office.
APPLICANT: Frank Sidoti, Jr. and Raymond Gomes.
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 Frank Sidoti, Jr. (owner) of 64 Far Hills Drive, Avon, CT dated [undated].
3.	The Application was received by the Board and File  2022058 was opened on June 9, 2022.
4.	The matter was initially before the Board on July 12, 2022 and was rescheduled to August 16, 2022 due to a discrepancy between the application and the relief actually being sought.
5.	A hearing on the Application was conducted on August 16, 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 Commissioner Thornton and seconded by Commissioner ODonnell to uphold the AHJs determination that the classification of the property was correctly established as a lodging or rooming house.  The motion passed on a 7 to 0 vote.
7.	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 second motion was made by Commissioner Thornton and seconded by Commissioner Davison 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  2022058 and are pertinent to the decision rendered:

1.	Variance Application  2022058 dated [undated] and filed on June 9, 2022.
a.	Attached Plan of Action received August 10, 2022
b.	Letter of authorization for Ray Gomes from Frank Sidoti, Jr. dated June 8, 2022.
2.	Newport Fire Marshals Office Inspection Report dated June 8, 2022.
3.	Newport Fire Marshals Office Supplemental Inspection Report received August 10, 2022.
4.	Reschedule Notice dated  July 14, 2022.

EXHIBITS

The following documents were presented at the August 16, 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 June 8, 2022 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the August 16, 2022 hearing on this matter.  Accordingly, the Board hereby incorporates the June 8, 2022 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 3-story above grade building with a basement level, classified as a lodging or rooming house occupancy, consisting of approximately three thousand nine hundred fifty-eight (3,958) square feet (gross area) and originally built in 1994.
3.	The building is of Type V (000) construction, does not have a compliant fire alarm system and is provided with an approved NFPA 13D automatic sprinkler system.
4.	Hard-wired interconnected smoke alarms and carbon monoxide (CO) alarms are provided in the buildings dwelling units, egress and common areas.
5.	The Board finds through the testimony of the Applicant that his business model is to rent to a single entity and that bedrooms are not rented individually.  The Board further notes the strong objection by the Newport Fire Marshals Office to this characterization as selective and unenforceable.
6.	The Board finds through the testimony of the Applicant and the AHJ that while the building at one time may have been utilized as a single-family dwelling, that the current advertised use and actual use is consistent with that of a commercial lodging or rooming house for up to ten (10) persons.
7.	The Board acknowledges the language of NFPA 101 (2021 edition) section A.24.1.1.2 which was utilized in the establishment of the current congregate family living facility classification [RILSC section 26.1.1.1.8] however the current structure exceeds the height and area restrictions  contained therein and is primarily transient in nature.
8.	The Board notes the strong objection of the Newport Fire Marshals Office to classifying this structure as a single-family dwelling.  There is no objection by the Newport Fire Marshals Office to the granting of the fire alarm system 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.	OCCUPANCY CLASSIFICATION: The Board finds that the structure as currently utilized does not meet the occupancy classification of a single-family dwelling as set forth in RILSC section 6.1.8.1.1 and A.6.1.8.1.1 [24.1.1.2/A.24.1.1.2] and accordingly has been correctly classified by the AHJ as a lodging or rooming house as set forth in RILSC section 6.1.8.1.2 [26.1.1.1].
2.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a variance from the provisions of RILSC section 26.3.4.1.1 by allowing the existing interconnected multiple-station smoke alarms to remain in use as required equipment and that they be inspected, tested and maintained in accordance with the Code.  In consideration of the relief granted herein, the Board directs the Applicant to provide at least one manual fire alarm box per floor interfaced with the existing smoke detection equipment, at the direction and to the satisfaction of the Newport Fire Marshal's Office.  In granting this relief, the Board acknowledges that this installation would be considered compliant with NFPA 101 (2018) section 26.3.4.1.2 notwithstanding the fact that this section has been intentionally reserved in the current RILSC and therefore is not applicable.

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)].