As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 6, 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, Vice-Chairman Blackburn and Commissioners Pearson, Thornton, Davison, Muto and Spaziani. 

AUTHORITY HAVING JURISDICTION: AHJ failed to appear. 

APPLICANT: Fr. Robert Marciano and James Pierce. 

EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq. 

 

 

TRAVEL OF THE CASE 

 

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. 

The Application was filed by Fr. Robert Marciano (&8203;authorized representative&8203;) of Bishop Hendricken High School, 2615 Warwick Avenue, Warwick, RI dated [undated]. 

The Application was received by the Board and File  2022152 was opened on &8203;December 13, 2022&8203;. 

The property was previously before the Board on or about January 25, 2011 at which time Decision  100266 was issued dated April 6, 2011. 

The instant matter was initially before the Board on March 14, 2023 at which time the Applicant did not appear, and the matter was continued without a finding to a future date. 

A subsequent hearing on the Application was conducted on June 6, 2023 at 1:00 PM before the Fire Safety Code Board of Appeal and Review. 

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 Vice-Chairman Blackburn and seconded by Commissioner Thornton 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  2022152 and are pertinent to the decision rendered: 

 

Variance Application  2022152 dated [undated] and filed on &8203;December 13, 2022&8203;. 

Letter of authorization for Fr. Robert Marciano from Reverend Monsignor Albert Kenney dated &8203;December 13, 2022&8203;. 

Warwick Fire Marshals Office &8203;Inspection&8203; Report dated &8203;October 26, 2022&8203;. 

Decision  100266 dated April 6, 2011. 

Reschedule Notice dated March 15, 2023. 

Reschedule Notice dated April 19, 2023. 

 

EXHIBITS 

 

The following documents were presented at the June 6, 2023 hearing as exhibits: 

 

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: 

 

The numbers of the determinations below correspond with those of the &8203;October 26, 2022&8203; &8203;inspection&8203; report compiled by the Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the June 6, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the &8203;October 26, 2022&8203; &8203;inspection&8203; 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. 

The building is  1-story above grade building &8203;without&8203; a basement level, classified as an educational occupancy, consisting of approximately one hundred thirty-five thousand three hundred seventeen (135,317) square feet &8203;(gross area)&8203; and originally built in 1950. 

The building is of &8203;Type III (200)&8203; construction,  a &8203;compliant&8203; fire alarm system with emergency forces notification and  provided with an &8203;approved&8203; partial automatic sprinkler system. 

The Board finds through the testimony of the Applicant and a telephonic confirmation by the Warwick Fire Marshal that the following violations have been corrected, at the direction and to the satisfaction of the Warwick Fire Marshal's Office: 1-3 and 5-11. 

There is no objection by the Warwick Fire Marshals Office to the granting of the relief outlined herein as set forth in a telephone conversation prior to the commencement of the hearing. 

 

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. 

 

WINDOWS FOR RESCUE: The Board hereby grants the Applicant a time variance until the beginning of the 2024/2025 school year to comply with the provisions of RILSC section 15.2.11.1.1, at the direction and to the satisfaction of the Warwick Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to provide annual status reports to the Warwick Fire Marshals Office until such time that the work has been completed. 

 

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 Warwick 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 

 

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)]. 

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)]. 

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)]. 

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. 

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)].