As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, February 21, 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 Pearson, Thornton, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Scott Hampson of the Woonsocket Fire Marshals Office and Deputy State Fire Marshal David Pastore of the State Fire Marshal's Office.
APPLICANT: Andrew Noyes.
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 Andrew Noyes (owner) of 579 Front Street, Woonsocket, RI dated November 14, 2022.
3.	The Application was received by the Board and File  2022140 was opened on November 29, 2022.
4.	The property was previously before the Board on September 14, 2004 at which time Decision  030117 was issued dated December 13, 2004.
5.	A hearing on the Application was conducted on February 21, 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 Pearson and seconded by Commissioner Muto to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2022140 and are pertinent to the decision rendered:

1.	Variance Application  2022140 dated November 14, 2022 and filed on November 29, 2022.
2.	Woonsocket Fire Marshals Office Inspection Report dated November 7, 2022.
3.	Decision  030117 dated December 13, 2004.

EXHIBITS

The following documents were presented at the February 21, 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 November 7, 2022 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the February 21, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the November 7, 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 2-story above grade building, classified as an assembly (nightclub) occupancy, consisting of approximately four thousand seven hundred ten (4,710) square feet (gross area) and originally built in 1930s.
3.	The building is of Type V (000) construction, has a compliant fire alarm system and is provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the facility has been calculated at one hundred thirty-six (136) persons.
5.	The Board rejects the Applicants argument that the wall carpeting which is the subject of violation  1 was previously approved by Board Decision in 2004 contingent upon the installation of an automatic sprinkler system.  The Board further finds that prior to todays hearing, the only time that this property has previously been before the Board was on September 14, 2004 at which time Decision  030117 was issued dated December 13, 2004  said Decision is silent as it relates to sprinkler system protection and/or relief associated therewith.
6.	There is no objection by the Woonsocket 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.	INTERIOR FINISH: The Board hereby DENIES the Applicant a variance from the provisions of RILSC sections 13.3.3.3 and 10.2.3.3 and directs that documentation of approved material ratings be provided forthwith  in the event that documentation cannot be provided, these materials shall be immediately removed, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
2.	INTERIOR FINISH: 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 13.7.4.1 by submitting documentation of flame propagation performance criteria of all draperies, curtains and similar loosely hanging furnishings and/or decorations installed throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to treat these materials with an approved fire retardant application in the event that documentation cannot be provided, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
3.	This deficiency/violation has been corrected.
4.	TENTS: The Board grants the Applicant a variance from the provisions of RIGL section 23-28.19-1 and RIFC section 25.2.1.1and hereby allows continuous use in accordance with the provisions of RIFC section 25.7.2, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
5.	TENTS: The Board hereby DENIES the Applicant a variance from the provisions of RIFC section 25.2.4.2 and directs that the use of the tent and rear deck as a smoking lounge shall cease immediately.
6.	This deficiency/violation will be corrected with the completion of item  5, above.
7.	This deficiency/violation has been corrected.
8.	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 hereby authorizes the Woonsocket 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)].