As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, April 18, 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, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Scott Hampson of the Woonsocket Fire Marshals Office.
APPLICANT: Faye Gauthier, Wade Palazini and Gary Beaune.
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 George Farrow (authorized representative) of Property Advisory Group, 5 Cathedral Square, Providence, RI dated December 5, 2022.
3.	The Application was received by the Board and File  2022149 was opened on December 9, 2022.
4.	The property was previously before the Board on August 2, 2005 and March 9, 2010 at which time Decisions  050385 and 050385A were issued dated October 14, 2005 and March 15, 2010 respectively.
5.	The matter was most recently before the Board on March 28, 2023 at which time it was reassigned without a finding to permit the Applicant to return with a clarified plan of action as it relates to the application of the so-called 15-point plan [hereinafter 15PP] for existing apartments.
6.	A subsequent hearing on the Application was conducted on April 18, 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 Commissioner Spaziani 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  2022149 and are pertinent to the decision rendered:

1.	Variance Application  2022149 dated December 5, 2022 and filed on December 9, 2022.
a.	Attached Plan of Action dated March 16, 2023.
b.	Letter of authorization for George Farrow from Scott Gaudreau dated December 9, 2022.
2.	Woonsocket Fire Marshals Office Inspection Report dated November 7, 2022.

EXHIBITS

The following documents were presented at the April 18, 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 determinations below correspond with 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 April 18, 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 3-story above grade building without a basement level, classified as an apartment (99 unit) occupancy, consisting of approximately sixty-five thousand six hundred twenty-seven (65,627) square feet (gross area) and originally built in 1973.
3.	The building is of Type V (000) construction, has a compliant fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
4.	As it relates to compliance classification and the application of the 15PP, the Board finds the following:
a.	It has been confirmed that the property was inspected on or about April 7, 2005 pursuant to RILSC (then) section 31.1.1.3, the so-called 15-point plan for existing apartments [15PP].
b.	A Board hearing was held on this property in conjunction with several other properties owned by the applicant on or about August 2, 2005 and Decision  050385 was issued dated October 14, 2005.  This decision adopted the Applicants specific plan of action for compliance and the relief granted remains vested with the property.
c.	The Board notes that in 2008 the provisions of RILSC section 31.1.1.3 for AHJ Approved Apartment Buildings was modified to include the following language:  that was originally converted to this occupancy from an existing one, two or three family dwelling .  The reasoning for this change was that upon petition from the SFM, the Board determined that the 15PP was not appropriate for application to larger multi-unit or high-rise buildings and that the entire Chapter 31 should apply.  This new language had an effective date of January 1, 2008 which was later extended to January 1, 2009 in Formal Interpretation  08-02.
d.	That the provisions of current RILSC sections 31.1.1.1 (Option 5) and 31.1.1.5 apply, notwithstanding the fact that this building clearly was not converted to this occupancy from an existing one, two or three family dwelling.  Therefore, as RILSC Section 31.2 is not applicable under the 15PP, this violation should be dismissed.
e.	The Board further notes that there was a subsequent rehearing to correct clerical errors on many of the originally properties before the Board on or about March 9, 2010 that resulted in an amended decision  050385A dated March 15, 2010.  This subsequent decision did not affect the above property and there were no changes to the original decision relating thereto.
5.	As it relates to the status of non-required standpipes, the Board finds the following:
a.	It has been clarified that the abandoned standpipe(s) in this facility are correctly classified as Class II and are not required.  RIFC Section 4.5.8.3 provides that [e]xisting life safety features obvious to the public, if not required by the Code, shall be either maintained or removed.  RIFC Section 4.5.8.2 further provides that [n]o existing life safety feature shall be removed or reduced where such feature is a requirement for new construction.  While RIFC section 13.2.2.2(2) would require Class I standpipes in new construction, there is no such requirement for Class II standpipes.
b.	The provisions of RIFC sections 4.5.8.3 apply, and the Applicants plan of action is valid provided that all features obvious to the public are removed.
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.	In accordance with the findings of fact listed above, Violations  12 and 16 have been withdrawn by the AHJ.  All remaining violations have been corrected at the direction and to the satisfaction of the Woonsocket Fire Marshals Office and no further relief is 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).



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)].