As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, September 13, 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 Pearson, Walker, Thornton, ODonnell, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Paul Shatraw, Glen Felicio, John Polacek and Scott Hampson of the Woonsocket Fire Marshals Office.
APPLICANT: Julie Larivee.
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 Julie Larivee (authorized representative) of Autumnfest Steering Committee, PO Box 574, Woonsocket, RI dated August 4, 2022.
3.	The Application was received by the Board and File  2022093 was opened on August 25, 2022.
4.	A hearing on the Application was conducted on September 13, 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 Commissioner Pearson 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  2022093 and are pertinent to the decision rendered:

1.	Variance Application  2022093 dated August 4, 2022 and filed on August 25, 2022.
a.	Attached Plan of Action dated August 16, 2022
b.	Letter of authorization for Autumnfest Steering Committee from City Counselor David M. Soucy dated August 24, 2022.
2.	Woonsocket Fire Marshals Office plan of action Report dated August 24, 2022.

EXHIBITS

The following documents were presented at the September 13, 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, 2022 plan of action report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the September 13, 2022 hearing on this matter.  Accordingly, the Board hereby incorporates the August 24, 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 operation in question is a three-day festival held in Woonsockets WWII Veterans Memorial Park over the Columbus Day weekend.
3.	The Board acknowledges the support of the Woonsocket Fire Marshals Office to the granting of the relief outlined herein and incorporates by reference the conditions set forth in their plan of action review for all food booths producing smoke and/or grease-laden vapors, including:
a.	Metal hoods and exhaust fans above fryolators;
b.	Approved separation between neighboring cooking areas;
c.	Approved fire-rated, non-flammable surroundings;
d.	Approved K fire extinguisher;
e.	Approved ABC fire extinguisher; and,
f.	Approved 10-foot spacing between food booths.

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 RIFC sections 50.4.4.1 and 50.4.4.3 by allowing the proposed food booths to engage in cooking operations without requiring automatic fire suppression systems, subject to the conditions set forth in paragraph 3 above.
2.	In consideration of the relief granted herein, the Board directs the Applicant to ensure that all of the following conditions are met:
a.	All mobile food establishments (food trucks) shall be inspected and approved by the RISFMO and DBR;
b.	All food booths shall be inspected each morning of the festival prior to the commencement of cooking operations and deemed safe by the Woonsocket Fire Marshals Office; and,
c.	A firefighter detail(s) in accordance with RILSC section 13.7.6 shall be provided as required by the Woonsocket Fire Marshals Office.
3.	This relief is limited to the three-day 2022 Autumnfest festival only and any request for future relief shall be requested at that time.
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)].