As documented in the file, a hearing involving the above-captioned properties was conducted on Tuesday, October 4, 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, Thornton, ODonnell, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION: None in attendance.
APPLICANT: Melissa Koseski and Edward Orazine.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application(s) 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(s) was filed by Melissa Koseski (authorized representative) of Wingate Management Company, 100 Wells Avenue, Newton, MA dated July 5, 2022.
3.	The Application(s) was received by the Board and File  2022084  2022086 was opened on August 12, 2022.
4.	A hearing on the Application(s) was conducted on October 4, 2022 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After consideration of the applications, the testimony of the witnesses and of the entire record presented to the Board, and after carefully reviewing such information, a motion on File  2022084 was made by Commissioner Pearson and seconded by Commissioner Thornton to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 0 vote.  A second motion on File  2022085 & 2022086 was made by Commissioner Thornton and seconded by Commissioners ODonnell 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  2022084  2022086 and are pertinent to the decision rendered:

1.	Variance Applications  2022084  2022086 dated July 5, 2022 and filed on August 12, 2022.
a.	Attached Plans of Action (3) dated August 2, 2022.
b.	Letter of authorization for Melissa Koseski from Michael Hennessey dated July 26, 2022.
2.	Providence Fire Marshals Office plan of action reports [email] dated July 29 and August 12, 2022.

EXHIBITS

The following documents were presented at the October 4, 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 2, 2022 plan of action reports compiled by the Applicant.  The above reports were utilized by the Board and the Applicant during the October 4, 2022 hearing on this matter.  Accordingly, the Board hereby incorporates the August 2, 2022 plan of action reports 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 buildings are classified as follows:
a.	2022084  Etta Apartments is an existing 3-story above grade building with a basement level, classified as an apartment occupancy, consisting of thirty-six (36) dwelling units and built in 1978.  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.
b.	2022085  Metcalf Court 1 Apartments is an existing 2-story above grade building without a basement level, classified as an apartment occupancy, consisting of sixty (60) dwelling units and built in 1976.  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.
c.	2022086  Metcalf Court 2 Apartments is an existing 2-story above grade building without a basement level, classified as an apartment occupancy, consisting of fifty-two (52) dwelling units and built in 1976.  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.
3.	The Board finds that there is no objection by the Providence Fire Marshals Office to the granting of the relief outlined herein as set forth in their July 29, 2022 email communication to the Board.

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.	2022084  Etta Apartments: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 31.2.1.2 and 24.2.2.3.3 by allowing the existing escape windows to remain in use without modification based upon a structural hardship.
2.	2022085  Metcalf Court 1 Apartments: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 31.2.1.2 and 24.2.2.3.3 by allowing the existing escape windows to remain in use without modification based upon a structural hardship.  The Board further grants the Applicant a variance from the provisions of RILSC sections 7.1.3.2.1(3)(a) and 8.3.3.2.3.2 by allowing the existing door frames to remain in use without modification based upon a structural hardship.
3.	2022086  Metcalf Court 2 Apartments: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 31.2.1.2 and 24.2.2.3.3 by allowing the existing escape windows to remain in use without modification based upon a structural hardship.  The Board further grants the Applicant a variance from the provisions of RILSC sections 7.1.3.2.1(3)(a) and 8.3.3.2.3.2 by allowing the existing door frames to remain in use without modification based upon a structural hardship.

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)].