As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 13, 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: Commissioners Pearson, Walker, Thornton, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal James Woyciechowski of the Cranston Fire Marshals Office.
APPLICANT: Wade Palazini.
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 (owner) of Jensen Hughes, 117 Metro Center Boulevard  Suite 1002, Warwick, RI dated December 21, 2022.
3.	The Application was received by the Board and File  2023005 was opened on January 11, 2023.
4.	The property was previously before the Board on or about April 13, 1985 at which time a Decision was issued.
5.	The matter was initially scheduled for March 14, 2023 and again on April 25, 2023 wherein both hearings were continued without a finding due to the inability to convene a sufficient number of eligible commissioners to constitute a quorum.
6.	A hearing on the Application was conducted on June 13, 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  2023005 and are pertinent to the decision rendered:

1.	Variance Application  2023005 dated December 21, 2022 and filed on January 11, 2023.
a.	Attached Plan of Action dated December 16, 2022
b.	Letter of authorization for Jensen Hughes from Salvatore Moio dated December 16, 2022.
2.	Cranston Fire Marshals Office plan of action Report dated January 9, 2023.
3.	Reschedule Notice dated December 23, 2022.
4.	Reschedule Notice dated March 15, 2023.

EXHIBITS

The following documents were presented at the June 13, 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 December 16, 2022 plan of action report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the June 13, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the December 16, 2022 plan of action 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 December 16, 2022, as referenced herein.  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 building is an existing 4-story above grade building with a basement level, classified as an apartment (11 units) occupancy, consisting of approximately nine thousand one hundred eighty-seven (9,187) square feet (gross area) and originally built in 1920  converted to the current classification in the 1970s.
4.	The building is of Type V (000) construction, does not have a fire alarm system and is not provided with an approved automatic sprinkler system.
5.	Approved smoke alarms and carbon monoxide (CO) alarms are provided in the buildings dwelling and sleeping units.
6.	There are no fuel-fired heating or cooking appliances or equipment located within the building.
7.	There is no objection by the Cranston 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.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC sections 31.1.1.1(2) and 31.3.4.1.1 by developing and submitting a plan of action for the installation of an approved fire alarm system with emergency forces notification in accordance with section 9.6 throughout the facility.  The Board further grants the Applicant an additional three hundred five (305) days in order to implement the above plan of action, at the direction and to the satisfaction of the Cranston Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to continue to inspect, test and maintain the existing single-station alarms located within the buildings sleeping and dwelling units.  The Board further directs that the fire alarm system and the associated emergency forces notification shall be deemed required a system and subject to the inspection, testing and maintenance provisions of section 9.6.
2.	EMERGENCY LIGHTING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.9 by providing this facility with approved emergency lighting in accordance with section 7.9, at the direction and to the satisfaction of the Cranston Fire Marshals Office.
3.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the Cranston Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to install temporary photoluminescent signage in accordance with section 7.10.7.2 within thirty (30) days of the date of the decision, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
4.	This deficiency/violation has been corrected.
5.	EGRESS: The Board hereby grants the Applicant a time variance of twelve (12) months from the date of the decision to comply with the provisions of RILSC section 31.2.4.3 by providing this facility with a new exterior stair providing a second means of egress from the third floor and from Unit 201, at the direction and to the satisfaction of the Cranston Fire Marshals Office.  The Board further grants the following related structural hardship variances:
a.	The existing egress arrangement ( 31.2.4.3) for Units 101, 102, 103, 202 and 202 is allowed to remain without modification.  In consideration of the relief granted herein, the Board directs the Applicant to provide a new fire escape system utilizing a vertical ladder to service Units 202 and 203;
b.	The existing egress arrangement ( 7.5.1.3.1) for the third floor is allowed to remain without modification, based upon the limited calculated occupant load of five (5) persons; and,
c.	The existing egress arrangement ( 7.2.2.6.1) of egress travel across a combustible roof is allowed to remain without modification.  In consideration of the relief granted herein, the Board directs the Applicant to upgrade the roof/ceiling assembly located below the travel path to an approximate 1-hour fire resistance rating.
6.	EGRESS: The Board hereby grants the Applicant a time variance of twelve (12) months from the date of the decision to comply with the provisions of RILSC section 7.2.1.4.2(2) by re-swinging the main entry doors in the direction of egress travel, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
7.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.5.1(1) by allowing the existing headroom clearance at the door to the third floor exterior stair to remain in use without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to provide high-visibility markings and padding as needed, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
8.	WINDOWS FOR RESCUE: The Board hereby grants the Applicant a time variance of six (6) months from the date of the decision to comply with the provisions of RILSC section 24.2.2.3.3 by providing this facility with new windows for rescue/escape as needed, at the direction and to the satisfaction of the Cranston Fire Marshals Office.  The Board further grants a structural hardship variance to allow existing and the new windows to provide a clear opening of 3.3 square feet  enlargeable to 5 square feet by fire department intervention  where restricted due to structural limitations.
9.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section Table 7.2.2.2.1.1(b) by allowing the existing Stair 2 connecting the basement and first floor to remain in use without modification based upon a structural hardship.
10.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.2.4.3 by allowing the existing Stair 2 connecting the basement and first floor to remain in use without modification based upon a structural hardship.
11.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 7.2.2.4.5.2, 7.2.2.4.5.6 and 7.2.2.4.6.3(3) by allowing the existing Stair 1 guardrail/handrail system to remain in use without further modification based upon a structural hardship.
12.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 7.1.3.2.1(3)(a) and 8.3.3.2.3 by allowing the existing Stair 1 exit enclosure to remain in use without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to maintain all dwelling unit doors as either 1-3/4 solid core or 1-3/8 solid core treated with a fire-retardant coating (intumescent paint), and to install self-closing and latching hardware as needed within twelve (12) months of the date of the decision, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
13.	PROTECTION OF HAZARDS: The Board hereby grants the Applicant a time variance of twelve (12) months from the date of the decision to comply with the provisions of RILSC section 31.3.2.1.1 by providing the tenant storage room of this facility with an approved 1-hour fire-resistance rated enclosure, at the direction and to the satisfaction of the Cranston Fire Marshals Office.

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 Cranston 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)].