As documented in the file, a hearing involving the above-captioned properties was conducted on Tuesday, June 20, 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 Davison, ODonnell, Muto and Spaziani. 
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Ami CinqMars of the State Fire Marshals Office. 
APPLICANT: Wade Palazini and Samuel Adams. 
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq. 

TRAVEL OF THE CASE 
 
1.	These are Applications 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 Applications were filed by Wade Palazini (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard  Suite 1002, Warwick, RI dated February 3, 2023. 
3.	The Applications were received by the Board and Files  2023015-2023038 were opened on February 8, 2023. 
4.	The matters were initially scheduled to appear on April 25, 2023 and were subsequently continued without a finding due to the lack of a quorum of the Board. 
5.	A hearing on the Applications was conducted on June 20, 2023 at 1:00 PM before the Fire Safety Code Board of Appeal and Review. 
6.	After consideration of the applications, 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 Muto 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 Appeals  2023015-2023038 and are pertinent to the decision rendered: 
 
1.	Variance Applications  2023015-2023038 dated February 3, 2023 and filed on February 8, 2023. 
a.	Attached Plan of Action dated April 18, 2023 
b.	Letter of authorization for Jensen Hughes from Samuel Adams dated January 30, 2023. 
2.	State Fire Marshals Office Inspection Reports dated August 11  October 24, 2022 for inspections conducted between June 21  August 26, 2022. 
3.	Reschedule Notice dated April 20, 2023. 
 
EXHIBITS 
 
The following documents were presented at the June 20, 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 the April 18, 2023 plan of action report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the June 20, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the April 18, 2023 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 April 18, 2023, as referenced above.  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.	By the agreement of the parties, the Board finds that 90-95  of the listed two hundred seventy-five (275) violations have been corrected, at the direction and to the satisfaction of the State Fire Marshal's Office. 
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.	[2023015  2023038]  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of the decision to comply with the remaining 5  of all outstanding [non door-related] violations, at the direction and to the satisfaction of the State Fire Marshals Office. 
2.	[2023015  2023038]  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 NFPA 80 (2016) edition by correcting all outstanding door-related violations, at the direction and to the satisfaction of the State Fire Marshals Office. 
3.	[2023015]  Violation  11 has been determined to be a compliant condition and has been withdrawn by the AHJ. 
 
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)].