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 Robert Dufault and Christopher Garofalo of the Newport Fire Marshals Office and Deputy State Fire Marshal David Pastore of the State Fire Marshal's Office.
APPLICANT: Kristine Langdon 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 Kristine Langdon (owner) of 225 Common Street, Dedham, MA dated [undated].
3.	The Application was received by the Board and File  2022057 was opened on June 8, 2022.
4.	The matter was initially on the calendar on July 12, 2022 where the application was withdrawn by the Applicant without prejudice for the purpose of changing the scope of the relief being requested.
5.	A subsequent hearing on the Application was conducted on September 13, 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 Pearson and seconded by Commissioner Thornton to DENY the Applicant the relief requested 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  2022057 and are pertinent to the decision rendered:

1.	Variance Application  2022057 dated [undated] and filed on June 8, 2022.
a.	Attached Plan of Action dated [undated].
2.	Newport Fire Marshals Office Inspection Report dated May 18, 2022.
3.	Reschedule Notice dated  July 14, 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 May 18, 2022 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport & State Fire Marshals Offices during the September 13, 2022 hearing on this matter.  Accordingly, the Board hereby incorporates the May 18, 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 2-story above grade building without a basement level, classified as a lodging or rooming house occupancy, consisting of approximately two thousand nine hundred eight (2,908) square feet (gross area) and originally built in 1900 as a two-family dwelling.
3.	The building is of Type V (000) construction, does not have a compliant fire alarm system and is provided with an approved NFPA 13R automatic sprinkler system.
4.	Hard-wired smoke alarms and carbon monoxide (CO) alarms are provided inside and outside of the buildings sleeping units and in the buildings means of egress and stairs.
5.	The maximum occupant load of the facility has been calculated at ten (10) guests.
6.	There is no objection by the Newport Fire Marshals Office to the granting of the relief requested however the Board acknowledges the strong objection by the State Fire Marshal's Office to relief from RILSC section 26.3.4.1.1 and any application of NFPA 101 section 26.3.4.1.2 which has been intentionally reserved.

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 DENIES the Applicant a variance from the provisions of RILSC section 26.3.4.1.1.

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)].