As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, May 23, 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 Walker, Thornton, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Steven Hughes of the East Greenwich Fire Marshals Office.
APPLICANT: Wade Palazini and Stephan Califano.
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 May 5, 2023.
3.	The Application was received by the Board and File  2023072  2023075 was opened on May 5, 2023.
4.	A hearing on the Application was conducted on May 23, 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 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2023072  2023075 and are pertinent to the decision rendered:

1.	Variance Application  2023072  2023075 dated May 5, 2023 and filed on May 5, 2023.
a.	Attached Plan of Action dated May 5, 2023
b.	Letter of authorization for Jensen Hughes from Marc Daigle and Request for Expedited Hearing dated April 4, 2023.
2.	East Greenwich Fire Marshals Office Inspection Report dated March 28, 2023.

EXHIBITS

The following documents were presented at the May 23, 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 determination below corresponds with the March 28, 2023 inspection report compiled by the East Greenwich Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshals Office during the May 23, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the March 28, 2023 inspection report as its initial findings of fact.  Any modification of the Boards findings relating to this report, such as correction of a deficiency by the Applicant, shall be noted herein.
2.	The Board further adopts and incorporates by reference the Applicants plan of action dated May 5, 2023, as referenced below.  Any violation or deficiency self-identified within the plan of action and address by this Decision shall be subject to correction and enforcement by the AHJ as if cited by the AHJ directly.
3.	The complex at issue before the Board consists of two (2) three-story apartment buildings, each containing twenty-four (24) dwelling units [Phase I] which were built in 2022 and two (2) three-story apartment buildings, each containing twenty-four (24) dwelling units [Phase II] which are presently under construction.
4.	The Board finds through the testimony of the Applicant that during the construction process it was determined that the municipal water supply available was insufficient to supply the requirements of the buildings automatic sprinkler systems and that a fire pump would be required.
5.	The Board further finds through the testimony of the Applicant that a permanent fire pump and controller have been ordered and shipped however delivery and installation is not expected until September 2023.
6.	The Board further finds through the testimony of the Applicant that a temporary diesel fire pump and controller have been procured in order to facilitate the occupying of the buildings however the controller is not listed for diesel fire pump service.
7.	There is no objection by the East Greenwich 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 an equivalency variance from the provisions of RIFC section 13.4.1.1 and NFPA 20 section 12.1.3.1 until September 29, 2023 by allowing the existing temporary diesel fire pump and associated controller to be utilized on a limited basis until the permanent fire pump installation and acceptance by the AHJ [EGFD].
2.	In consideration of the relief granted herein, the Board directs the Applicant to comply with all of the conditions set forth in their plan of action dated May 5, 2023 as follows:
a.	Fire pump/controller status to be monitored via radio master box directly to the EGFD for the following conditions:
i.	Engine running (supervisory);
ii.	Controller main switch turned to the OFF or MANUAL position; and,
iii.	Controller or engine trouble (common trouble);
b.	Product data sheets for the temporary pump and controller to be provided to the EGFD;
c.	Pump doors to be kept locked with key to be provided in the complex building(s) key access boxes;
d.	Pump acceptance test to be performed in the presence of the EGFD;
e.	Pump to be provided with a weekly no-flow (churn) test lasting not less than thirty (30) minutes; and,
f.	A fire department connect (FDC) is to be provided at the permanent fire pump house at the direction and to the satisfaction of the EGFD.

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 East Greenwich 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)].