As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, August 1, 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, Sylvester, Thornton, Davison and ODonnell.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshal Scott Hampson of the Woonsocket Fire Marshals Office.
APPLICANT: Robert Fedigan and Dan Peloquin.
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 Robert Fedigan (owner) of Woonsocket Industrial Complex, 32 Mechanic Street, Woonsocket, RI dated December 30, 2022.
3.	The Application was received by the Board and File  2023002 was opened on January 9, 2023.
4.	The matter was initially before the Board on April 4, 2023 at which time it was continued without a finding with the Applicant to return with a revised plan of action on or about July 18, 2023.
5.	A subsequent hearing on the Application was conducted on August 1, 2023 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	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 Sylvester 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  2023002 and are pertinent to the decision rendered:

1.	Variance Application  2023002 dated December 30, 2022 and filed on January 9, 2023.
a.	Attached Plan of Action dated December 30, 2022
2.	Woonsocket Fire Marshals Office Inspection Report dated December 1, 2022.
3.	Applicants letter to the Board dated March 23, 2023.
4.	Reschedule Notice dated April 6, 2023.
5.	Reschedule Notice dated June 7, 2023.
6.	Applicants revised plan of action dated July 27, 2023 [received Jul 28, 2023].  As this document was not received within the time frame set forth in 450-RICR-00-00-7.1.10.4.3 it was not made part of the hearing however, as it was referred to in the Applicants oral presentation it is included as part of the file at the direction of the Board.

EXHIBITS

The following documents were presented at the August 1, 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 1, 2022 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the August 1, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the December 1, 2022 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 4-story above grade building with a partial basement level, classified as a multiple/mixed use (industrial and storage) occupancy, consisting of approximately one hundred eighty-five thousand one hundred fifty-four (185,154) square feet (gross area) and originally built in 1900.
3.	The building is of Type III (200) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is provided with an approved (with deficiencies) automatic sprinkler system.
4.	There is no objection by the Woonsocket 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) EXTINGUISHMENT: The Board hereby grants the Applicant a time variance until December 31, 2023 to comply with the provisions of RILSC section 40.3.2 by developing and submitting a plan of action for the installation of an approved automatic sprinkler system in accordance with section 9.7 throughout the facility.  The Board further grants the Applicant an additional one (1) year in order to implement the above plan of action, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
2) This deficiency/violation will be corrected with the completion of item  1, above.
3) FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item  1 above to comply with the provisions of RILSC section 40.3.4.1 by providing this facility with an approved fire alarm system in accordance with section 9.6, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
3A) EMERGENCY LIGHTING: The Board hereby grants the Applicant a time variance until December 31, 2023 to comply with the provisions of RILSC section 40.2.9 by providing this facility with approved emergency lighting in accordance with section 7.9, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
4) EMERGENCY LIGHTING: The Board hereby grants the Applicant the time variance outlined in item  1 above to comply with the provisions of RILSC section 40.2.9 by providing this facility with approved emergency lighting in accordance with section 7.9, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
5) EGRESS MARKING: The Board hereby grants the Applicant a time variance until December 31, 2023 to comply with the provisions of RILSC section 40.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
6) EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item  1 above to comply with the provisions of RILSC section 40.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
7) EGRESS: The Board hereby grants the Applicant a time variance until December 31, 2023 to comply with the provisions of RILSC sections 40.2.2 and 7.2.1.8 by providing this facility with approved stairwell doors, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
8) EGRESS: The Board hereby grants the Applicant a time variance until December 31, 2023 to comply with the provisions of RILSC sections 40.2 and 7.1.3.2 by providing this facility with approved stairwell separation, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
9) EGRESS: The Board hereby grants the Applicant a time variance until December 31, 2023 to comply with the provisions of RILSC section Table 40.2.6.1 by providing this facility with approved egress travel distances, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
10) EGRESS: The Board hereby grants the Applicant a time variance until December 31, 2023 to comply with the provisions of RILSC section Table 40.2.5.1 by providing this facility with approved egress arrangement, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
9A) This deficiency/violation has been corrected.
11) PORTABLE FIRE EXTINGUISHERS: The Board hereby grants the Applicant a time variance until November 1, 2023 to comply with the provisions of RIFC section Table 13.6.1.2 by providing this facility with additional approved portable fire extinguishers, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
12) This deficiency/violation has been corrected.
13)  16) The Board hereby grants the Applicant a time variance until December 31, 2023 to comply with all outstanding violations relating to the basement tenant Alfa International, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
17)  20) These deficiencies/violations have been corrected.

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)].