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 Kerri Cerra (authorized representative) of Mount St. Rita Health Centre, 15 Sumner Brown Road, Cumberland, RI dated September 30, 2022.
3.	The Application was received by the Board and File  2022102 was opened on October 3, 2022.
4.	The property was previously before the Board on June 10, 2008 at which time Decision  050492 was issued dated July 17, 2008.
5.	A hearing on the Application was conducted on January 10, 2023 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 Thornton and seconded by Commissioner O'Donnell 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  2022102 and are pertinent to the decision rendered:

1.	Variance Application  2022102 dated September 30, 2022 and filed on October 3, 2022.
a.	Letter of authorization for David Becker and Kerri Cerra from John D. Newman dated September 29, 2022.
2.	State Fire Marshals Office Inspection Report dated September 10, 2022.
3.	Decision  050492 dated July 17, 2008.

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 numbers of the Decision below correspond with those of the September 10, 2022 inspection report compiled by the State Fire Marshals Office.  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 September 10, 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 3-story above grade building with a basement level, classified as a health care occupancy, consisting of approximately seventy-one thousand five hundred forty-six (71,546) square feet (gross area) and originally built in 1912.
3.	The building is of Type II (111) construction, has a compliant fire alarm system with emergency forces notification and is provided with an approved automatic sprinkler system.
4.	The facility has been licensed by RIDOH for ninety-eight (98) residents.
5.	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.	This deficiency/violation has been corrected.
2.	This deficiency/violation has been corrected.
3.	This deficiency/violation has been corrected.
4.	EXTINGUISHING REQUIREMENTS: The Board hereby grants the Applicant a time variance of one (1) year from the date of the decision to comply with the provisions of RILSC sections 19.3.5.1 and 9.7.1.1(1) and NFPA 13 (2016) section 8.3.3.2 by replacing all non-compliant sprinkler heads throughout the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	This deficiency/violation has been corrected.
6.	EXTINGUISHING REQUIREMENTS: The Board hereby grants the Applicant a time variance of nine (9) months from the date of the decision to comply with the provisions of RILSC section 19.3.5.1 by installing automatic sprinkler protection in the sub-basement of the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
7.	This deficiency/violation has been corrected.
8.	This deficiency/violation has been corrected.
9.	This deficiency/violation has been corrected.
10.	This deficiency/violation has been corrected.
11.	This deficiency/violation has been corrected.
12.	This deficiency/violation has been corrected.
13.	This deficiency/violation has been corrected.
14.	This deficiency/violation has been corrected.
15.	EXTINGUISHING REQUIREMENTS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 19.3.5.1 and NFPA 13 (2016) section 8.5.7.1 by allowing the two (2) existing skylights to remain in use without sprinkler protection.
16.	This deficiency/violation has been corrected.
17.	This deficiency/violation has been corrected.
18.	This deficiency/violation has been corrected.
19.	This deficiency/violation has been corrected.
20.	This deficiency/violation has been corrected.
21.	This deficiency/violation has been corrected.
22.	EGRESS: The Board hereby grants the Applicant a time variance of nine (9) months from the date of the decision to comply with the provisions of RILSC sections 19.2.1 and 7.1.8 by installing approved guards on the third floor landings of the north and south stairways of the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
23.	This deficiency/violation has been corrected.
24.	This deficiency/violation has been corrected.

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).

Finally, The Board authorizes the AHJ to issue, in writing, one (1) or more extensions of time of not more than thirty (30) days each, for a period not to exceed one hundred eighty (180) days.  Any time extension shall be requested in writing with good faith compliance efforts and/or justifiable cause being demonstrated by the Applicant.  Any AHJ-authorized time extension or denial thereof shall be documented in writing and provided to the Applicant, the Board, the State Fire Marshals Office and the local Fire Marshals Office.
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)].