As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, October 25, 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, Davison, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Michael Dutilly of the Harrisville Fire Marshals Office.
APPLICANT: Robert Pascale.
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 Robert Pascale (authorized representative) of 105 Harrisville Main Street, Harrisville, RI dated April 19, 2022.
3.	The Application was received by the Board and File  2022044 was opened on April 22, 2022.
4.	The property was previously before the Board on November 6, 2007 at which time Decision  070414 was issued dated March 14, 2008.
5.	The property was next before the Board on June 28, 2022 at which time the matter was continued without a finding for ninety (90) days to allow the Applicant to develop a plan of action and return to the Board.
6.	The property was again before the Board on September 27, 2022 at which time the matter was continued without a finding for thirty (30) days to allow the Applicant to develop a revised plan of action and return to the Board.
7.	A subsequent hearing on the Application was conducted on October 25, 2022 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
8.	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 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2022044 and are pertinent to the decision rendered:

1.	Variance Application  2022044 dated April 19, 2022 and filed on April 22, 2022.
a.	Letter of authorization for Robert Pascale from Donald Fox dated April 19, 2022.
2.	Harrisville Fire Marshals Office Inspection Reports dated April 7 and April 14, 2022.
3.	Harrisville Fire Marshals Office Plan Review Report dated September 12, 2022.
4.	Decision  070414 dated March 14, 2008.
5.	Reschedule Notice dated May 11, 2022.
6.	Applicants [email] request for continuance dated May 26, 2022.
7.	Reschedule Notice dated May 26, 2022.
8.	Reschedule Notice dated June 29, 2022.
9.	Reschedule Notice dated September 28, 2022.
10.	Applicants revised plan of action from Paul Castellone, AIA dated October 16, 2022.
EXHIBITS

The following documents were presented at the October 25, 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 April 7 and April 14, 2022 inspection reports compiled by the Harrisville Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Harrisville Fire Marshals Office during the June 21, 2022 hearing on this matter.  Accordingly, the Board hereby incorporates the April 7 and April 14, 2022 inspection 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 building is an existing 2-story above grade building with a basement level, classified as an assembly (performance theater) occupancy, consisting of approximately twelve thousand six hundred sixty-two square feet (gross area) and originally built in 1910.
3.	The building is of Type III (200) construction, has a compliant fire alarm system with emergency forces notification and is provided with an approved partial automatic sprinkler system.
4.	The maximum occupant load of the facility has been calculated at three hundred fifty-four (354) persons.
5.	The Board finds that based upon the analysis of the Applicants design professional consultant Castellone, that the egress door accessed via the stage area and identified as  8 on the submitted plans [Sheet No. A1] is not a required means of egress.
6.	There is no objection by the Harrisville 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.	This deficiency/violation has been corrected.
2.	This deficiency/violation has been corrected.
3.	This deficiency/violation has been corrected.
4.	This deficiency/violation has been corrected.
5.	This deficiency/violation has been corrected.
6.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC Section 7.1.10.1 by reconfiguring the newly installed exterior ramp in such a manner that the exit discharge from Exit  5 is free and unobstructed to the public way, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to remove the exit marking sign from the door identified as Exit  8 and to provide NO EXIT signage in accordance with RILSC section 7.10.8.3.1.
7.	This violation has been withdrawn.
8.	This violation has been withdrawn.
9.	This violation has been withdrawn.

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)].