As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, January 10, 2023 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, Vice-Chairman Blackburn and Commissioners Pearson, Booth, Thornton, Davison, ODonnell, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal David Pastore of the State Fire Marshals Office.
APPLICANT: Jonathan Depault.
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 Jonathan Depault (authorized representative) of DCAMM, 1 Capitol Hill, Providence, RI dated [undated].
3.	The Application was received by the Board and File  2022138 was opened on November 30, 2022.
4.	The property has been before the Board several times in the past in which Decisions have been issued:  050112, 050112A, 050112B and 070541 during the period from 2005 to 2008.  These decisions are not relevant to the issues presently before the Board.
5.	The property was most recently before the Board on December 6, 2022 at which time Decision  2022138 was issued dated December 14, 2022.
6.	On December 27, 2022 the Applicant submitted a request for modification of the original decision to reflect an increase in the number of person permitted to occupy the shelter facility.
7.	A subsequent hearing on the Application was conducted on January 10, 2023 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 Vice-Chairman Blackburn and seconded by Commissioner Booth to grant the Applicant the relief as outlined herein.  The motion passed on a 9 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2022138 and are pertinent to the decision rendered:

1.	Variance Application  2022138 dated [undated] and filed on November 30, 2022.
a.	Attached Plan of Action dated November 30, 2022
b.	Request for expedited hearing dated November 30, 2022.
2.	State Fire Marshals Office Inspection Report dated November 30, 2022.
3.	Decision  2022138 dated December 14, 2022.
4.	Applicants request to modify the decision dated December 27, 2022.





EXHIBITS

The following documents were presented at the January 10, 2023 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 November 30, 2022 inspection report compiled by the State Fire Marshals Office and Decision  2022138 dated December 14, 2022.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the January 10, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the November 30, 2022 inspection report and Decision  2022138 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 multi-story building (former armory) with a basement level, classified as a multiple/mixed use [assembly, business & storage] occupancy, consisting of approximately one hundred sixty-six thousand five hundred seventy-three (166,573) square feet (gross area) and originally built in 1900.
3.	The building is of ordinary construction, has a compliant fire alarm system with emergency forces notification and is provided with an approved automatic sprinkler and standpipe system.
4.	The Board previously found that due to the approaching winter season and the continuing need for sheltering of the States unhoused population, the State through its Division of Capital Asset Management & Maintenance [DCAMM] is seeking to utilize portions of this property (Ballroom and Drill Hall) as a temporary emergency shelter occupancy, aka 24/7 Enhanced Warming Station through April 30, 2023.
5.	The Board previously found through the testimony of the Applicant that any cooking and/or sanitation facilities provided will be located outside on the grounds of the building and that a strict No Smoking policy will be adhered to within the building itself.
6.	There is no objection by the State 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.	The Board hereby modifies original Decision  2022138 and grants the Applicant a variance from the provisions of RILSC sections 27.1.1.1 and 27.1.1.3 by allowing the use of the existing NE Ballroom and the area known as the Drill Hall as a temporary emergency shelter occupancy with a capacity in excess of sixteen (16) persons, not to exceed two hundred (200) persons  eighty (80) in the Ballroom and one hundred twenty (120) in the Drill hall.  In consideration of the relief granted herein, the Board holds that this relief shall expire on April 30, 2023.
2.	The Board further holds that Variances  2 (a)  (d) and  3 set forth in the original decision, and all associated time deadlines attached thereto, shall remain in full force and effect.

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(W)].
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(Y)].  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(Z)].
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(AA)].
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(S)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].