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 R. Will Maher and Patrick Gildea of the Pawtucket Fire Marshals Office.
APPLICANT: Paula McFarland.
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 Paula McFarland (authorized representative) of Pawtucket Housing Authority, 214 Roosevelt Avenue, Pawtucket, RI dated July 27, 2023.
3.	The Application was received by the Board and File  2023119 was opened on July 28, 2023.
4.	The property was previously before the Board on or about March 14, 2023 at which time Decision  2023041 was issued dated March 30, 2023.
5.	A 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  2023119 and are pertinent to the decision rendered:

1.	Variance Application  2023119 dated July 27, 2023 and filed on July 28, 2023.
a.	Attached Plan of Action dated July 27, 2023.
b.	Request for expedited hearing dated July 27, 2023.
c.	Supplemental Plan of Action dated July 31, 2023.
2.	Pawtucket Fire Marshals Office Inspection Report dated [undated].
3.	Decision  2023041 dated March 30, 2023.

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 Decision below corresponds with the July 27, 2023 plan of action letter compiled by the Applicant.  The above letter was utilized by the Board, the Applicant and the State Fire Marshals Office during the August 1, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the July 27, 2023 plan of action letter as its initial findings of fact.  Any modification of the Boards findings relating to this letter, such as correction of a deficiency by the Applicant, shall be noted herein.
2.	The building is an existing 1-story above grade building without a basement level, most recently used as an emergency shelter occupancy, consisting of approximately seven thousand two hundred seventy-seven (7,277) square feet (living area) and originally built in 1940.
3.	The building is of masonry construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The Board finds through the testimony of the Applicant and the AHJ that the current use of the building is consistent with that of a dormitory with sleeping accommodations for thirty-one (31) clients.
5.	The Board further finds through the testimony of the Applicant that the plan for the building going forward is for continued use as a dormitory occupancy and that plans are in progress for the installation of an automatic sprinkler system throughout the building.
6.	The Board further finds through the testimony of the AHJ that the building was inspected under the provisions for new hotels and dormitories.
7.	There is no objection by the Pawtucket 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 time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC sections 28.3.5.2, 28.3.5.3, 28.3.4.5 and 28.3.4.6 by developing and submitting a plan of action for the installation of an approved fire alarm system with emergency forces notification and an approved supervised automatic sprinkler system for the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	The Board further grants the Applicant the time variance as set forth in item  1 above to comply with the provisions of RILSC Chapter 28, New Hotels and Dormitories, and to permit continued occupancy of the facility, after which time full Code compliance is required.
3.	In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions until full compliance is achieved:
a.	The occupant load of the facility is hereby restricted to sleeping accommodations for thirty-one (31) clients; and,
b.	A continuous [24/7] fire watch in accordance with RILSC section 3.3.108 shall be provided and maintained.

Finally, the Board hereby authorizes the State 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 one hundred eighty (180) 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)].