As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, January 31, 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, Booth, Thornton, ODonnell, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Robbie Lopez and David Pastore of the State Fire Marshals Office.
APPLICANT: Wade Palazini and Attorney Josh Parks.
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 Wade Palazini (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard  Suite 1002, Warwick, RI dated October 3, 2022.
3.	The Application was received by the Board and File  2022105 was opened on October 7, 2022.
4.	The property was previously before the Board on February 25, 2020 at which time Decision  190155 was issued dated March 5, 2020.
5.	The instant matter was initially before the Board on December 6, 2022 at which time it was reassigned until January 31, 2023 for the Applicant to return with a revised plan of action.
6.	A hearing on the Application was conducted on January 31, 2023 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	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 Commissioners ODonnell and Spaziani to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2022105 and are pertinent to the decision rendered:

1.	Variance Application  2022105 dated October 3, 2022 and filed on October 7, 2022.
a.	Attached Plan of Action [original] dated October 3, 2022 and supplemental Plan of Action [Revision 2] dated January 20, 2023.
b.	Letter of authorization for Jensen Hughes from Elizabeth Procaccianti of Champlins Marina & Resort dated September 22, 2022.
2.	State Fire Marshals Office Inspection Report (w/ photo Exhibits A  F) dated July 29, 2022.
3.	Decision  190155 dated March 5, 2020.
4.	Reschedule Notice dated December 12, 2022.

EXHIBITS

The following documents were presented at the January 31, 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 July 29, 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 31, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the July 29, 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 Board further incorporates by reference and adopts the Applicants supplemental plan of action [Revision 2] dated January 20, 2023, as referenced below.
3.	The facility consists of multiple components utilized as a marina and resort located on the Great Salt Pond of Block Island as follows:
a.	MAIN PIER: A pier structure extending five hundred (500) feet into the water which supports thirteen (13) finger piers, a dock bar, dock office and fuel pumps.
b.	PIER OFFICE: A 1-story structure of Type V(000) construction, approximately six hundred twenty-five (625) gross square feet,  originally built in 1980 and classified as business and storage occupancies.
c.	PIER BAR: A 1-story structure of Type V(000) construction with a rooftop deck and additional outdoor seating area, approximately two thousand forty-four (2,044) gross square feet,  originally built in 1980 and classified as an assembly occupancy.
4.	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.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 11.5.2.2 by allowing the existing pier egress to remain as configured without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to provide automatic sprinkler protection for the Pier Office and the Pier Bar as set forth in Violations  5 and 8 below.
2.	This deficiency/violation has been corrected.
3.	PIER FIRE PROTECTION: The Board hereby grants the Applicant a time variance until May 26, 2023 to comply with the provisions of RIFC section 28.1.2.2.5 by providing this facility with an approved fire protection water supply consisting of a dry hydrant installed in accordance with NFPA 1142 and a manual standpipe system as permitted by NFPA 24 and installed in accordance with NFPA 14, at the direction and to the satisfaction of the State Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to develop and implement an inspection, testing & maintenance [ITM] program wherein the strainer for the supply intake is inspected and cleaned a minimum of twice per year (April and August) and after every major storm, i.e., hurricane, Noreaster, etc. occurring during the facilitys occupied periods.  The Board further directs that documentation of each ITM result be forwarded to the State Fire Marshal's Office by the Applicant as they occur.
4.	PIER FIRE PROTECTION: The Board hereby grants the Applicant a time variance until May 26, 2023 to comply with the provisions of RIFC section 28.1.2.3.1 by providing the pier component of this facility with an approved manual standpipe system installed in accordance with NFPA 14, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further directs that the manual standpipe system installation is limited to the main pier and the two (2) outer finger piers only.  In consideration of the relief granted herein, the Board directs the Applicant to abide by the conditions set forth in Item  3 above.
5.	EXTINGUISHMENT: The Board hereby grants the Applicant a time variance until May 24, 2024 to comply with the provisions of RIFC section 28.1.2.2.1 by providing the Pier Office of this facility with an approved 13D automatic sprinkler system, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further directs that this sprinkler system may be drained during the off-season and refilled and recommissioned prior to the commencement of the following occupied season  documentation of each ITM result be forwarded to the State Fire Marshal's Office by the Applicant as they occur.
6.	This deficiency/violation has been corrected.
7.	There is no Violation  7.
8.	EXTINGUISHMENT: The Board hereby grants the Applicant a time variance until May 24, 2024 to comply with the provisions of RIFC section 28.1.2.2.1 by providing the Pier Bar of this facility (including the rooftop deck) with an approved 13D automatic sprinkler system, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further directs that this sprinkler system may be drained during the off-season and refilled and recommissioned prior to the commencement of the following occupied season  documentation of each ITM result be forwarded to the State Fire Marshal's Office by the Applicant as they occur.  In consideration of the relief granted herein, the Board directs the Applicant to remove all existing non-functional sprinkler heads and visible supply piping in accordance with RILSC section 4.6.12.3.
9.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a time variance until May 26, 2023 to comply with the provisions of RILSC section 13.3.4.1.1 by providing the rooftop deck of the Pier Bar of this facility with an approved fire alarm system installed in accordance with section 9.6.1, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further directs that the outdoor fire alarm system devices and appliances shall be of the weatherproof type and that system emergency forces notification in accordance with section 9.6.4 shall be required.
10.	This deficiency/violation has been corrected.
11.	This violation has been withdrawn.
12.	EGRESS: Upon further review of the area of use of the Pier Bar rooftop deck, it has been agreed to by the parties that the calculated occupant load shall be set and posted at no more than forty-nine (49) persons, inclusive of staff.  Accordingly, this violation has been withdrawn.
13.	This deficiency/violation has been corrected.
14.	The Board finds through the testimony of the Applicant that documentation of crowd manager certification for one (1) employee has been located and provided to the State Fire Marshal's Office and that additional employees will be trained and certified prior to the opening of the 2023 season.  In consideration of the global relief granted herein, the Board directs the Applicant to provide a minimum of six (6) persons trained and certified as crown managers in accordance with RILSC section 13.7.6 during all periods that the facility is occupied.

Further, the Board hereby adopts the Applicants Additional Proposed Remediation as set forth in their January 20, 2023 plan of action and directs that compliance with NFPA 303 [Fire Protection Standard for Marinas and Boatyards (2016 edition)] sections 4.3, 4.4, 4.6, 4.7 and 4.8 shall be deemed required.

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 State 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).  NOTE: This AHJ-authorized extension provision shall not apply to Violation  9  compliance is required prior to occupancy for the 2023 season.



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)].