As documented in the file, a hearing involving the above-captioned property(s) was conducted on Tuesday, February 7, 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, 42-35-9 and 42-46-3.

	Participating at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Thornton, ODonnell, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal James Woyciechowski of the Cranston Fire Marshals Office.
APPLICANT: Charles Mason, Erik Jackvony and Michael Gaulin.
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 Charles Mason (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard  Suite 1002, Warwick, RI dated November 3, 2022.
3.	The Application was received by the Board and File  2022122  2022132 was opened on November 16, 2022.
4.	A hearing on the Application was conducted on February 7, 2023 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	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 Muto 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  2022122  2022132 and are pertinent to the decision rendered:

1.	Variance Application  2022122  2022132  dated November 3, 2022 and filed on November 16, 2022.
a.	Attached Plan of Action dated October 21, 2022.
b.	Letter of authorization for Jensen Hughes from David Chamberland dated October 18, 2022.
2.	Cranston Fire Marshals Office plan of action letter dated October 18, 2022.

EXHIBITS

The following documents were presented at the February 7, 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 determinations below correspond with those of the October 21, 2022 plan of action report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the February 7, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the October 21, 2022 plan of action 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 facility complex at issue consists of fourteen (14) existing 3-story above grade buildings, classified as apartment occupancies, comprised of twelve (12) dwelling units each (total of 168 units) and originally built in 1971.
3.	The buildings are of Type V (000) construction, have compliant fire alarm systems with emergency forces notification and are not provided with an approved automatic sprinkler system.
4.	The Board hereby adopts and incorporates by reference the Applicants October 21, 2022 plan of action, which includes the following:
PHASE I  year 1
a.	New fire alarm systems with emergency forces notification for each building, including local smoke alarms in all sleeping rooms;
b.	New emergency lighting;
c.	New exit signage;
d.	Fire barrier firestopping and improvements;
e.	Fire door and glazing improvements;
PHASE II  years 2 & 3
f.	Restoration or replacement of exterior egress stairwells; and,
g.	Replacement of approximately two hundred thirty-nine (239)  non-compliant dwelling unit windows for rescue.
5.	There is no objection by the Cranston 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 grants the Applicant a time variance of three (3) years from the date of the decision to implement the proposed plan of action for a facility-wide renovation project to include the replacement of approximately two hundred thirty-nine (239) replacement windows for escape in accordance with RILSC sections 31.2.1.2 and 24.2.2.3.3.  In granting this extended time variance, the Board acknowledges the extensive self-initiated life safety improvement plan being undertaken by the Applicant and the fact that the active fire safety improvements will be completed during Phase I in the first year of the project.
2.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 24.2.2.3.3 by allowing the existing height between the finished floor and the bottom of the window opening in excess of the maximum forty-four (44) inches to remain as is without modification based upon a structural hardship.  The Board notes that the range of this relief varies from 2.75 to 5 inches throughout the facility.
3.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 24.2.2.3.3 (1) & (2) by allowing the existing height between the finished ground level and the bottom of the window opening in excess of the maximum twenty (20) feet to remain as is without modification based upon a structural hardship.  The Board notes that the range of this relief applies to approximately forty (40) top-floor windows and varies from 5 to 28 inches throughout the facility.

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 hereby authorizes the Cranston Fire Marshals Office, upon receiving a written request, to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant by one (1) or more extensions of time of not more than thirty (30) days each, for a period not to exceed ninety (90) days in accordance with the provisions of 450-RICR-00-00-1.7.2(X).


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)].