As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, July 25, 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, ODonnell, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshal Michael Dutilly of the Harrisville Fire Marshals Office.
APPLICANT: Carla Manni.
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 Carla Manni (owner) of 242 Alvin Street, Warwick, RI dated May 27, 2023.
3.	The Application was received by the Board and File  2023091 was opened on June 2, 2023.
4.	A hearing on the Application was conducted on July 25, 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 Pearson to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2023091 and are pertinent to the decision rendered:

1.	Variance Application  2023091 dated May 27, 2023 and filed on June 2, 2023.
2.	Harrisville Fire Marshals Office Inspection Report dated May 27, 2023.

EXHIBITS

The following documents were presented at the July 25, 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 May 27, 2023 inspection report compiled by the Harrisville Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Harrisville Fire Marshals Office during the July 25, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the May 27, 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 building is an existing 1-story above grade building with a basement level, classified as an assembly occupancy, consisting of approximately three thousand two hundred sixty-four (3,264) square feet (gross area) and originally built in 1933.
3.	The building is of Type V (000) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the facility has been calculated at seventy-four (74) persons.
5.	There is no objection by the Harrisville 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 a variance from the provisions of RILSC sections 13.3.2.2 and 9.2.3 and NFPA 96 sections 7.8.3 and 10.2.1 by allowing the existing residential-style kitchen stove to remain in use without modification based on the limited use.  In consideration of the relief granted herein, the Board directs the Applicant to limit any use of the residential stove to heating and warming only with no production of smoke or grease-laden vapors and to arrange for fire extinguisher training for any staff utilizing this appliance.
2.	This deficiency/violation will be corrected with the completion of item  1, above.
3.	In granting this relief, the Board finds that the limited use of the appliance is generally done only two (2) days each week by the facility owner and during off-hours when patrons are not present.

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)].