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]: Deputy State Fire Marshal Carmine Vita of the State Fire Marshals Office.
APPLICANT: Kevin Cox, Kurt Ruchala and David Kalal.
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 Kevin Cox (authorized representative) of Jensen Hughes, 61 Lake Street, Salem, NH dated May 23, 2023.
3.	The Application was received by the Board and File  2023092 was opened on June 16, 2023.
4.	Phase 9A & 9B of this project [filed under 55 Conway Avenue (A & B), North Kingstown, RI] was previously before the Board on September 18, 2018 at which time Decision  180106 was issued dated September 27, 2018.
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 Commissioners Sylvester and O'Donnell 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  2023092 and are pertinent to the decision rendered:

1.	Variance Application  2023092 dated May 23, 2023 and filed on June 16, 2023.
a.	Attached Plan of Action dated May 22, 2023.
b.	Jensen Hughes Performance-Based Design Report dated April 10, 2023.
c.	Revised Plan of Action dated June 5, 2023.
d.	Letter of authorization for General Dynamics Electric Boat from Steven King of Quonset Development Corporation [QDC] dated May 22, 2023.
e.	Letter of authorization for Jensen Hughes from David Kalal of General Dynamics Electric Boat dated June 15, 2023.
2.	State Fire Marshals Office Inspection Report dated May 3, 2022.
3.	Decision  180106 dated September 27, 2018.

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 determinations below correspond with the June 5, 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 August 1, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the June 5, 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.	Building 9  Phase C [hereinafter known as Phase 9C] is a proposed 1-story (140 in height) above grade building without a basement level, classified as a special-purpose industrial occupancy, consisting of approximately two hundred twenty thousand (220,000) square feet (gross area) to be used in the manufacturing of submarine components.
3.	Phase 9C is of Type II (000) construction, will have an approved fire alarm system with emergency forces notification and will be provided with Class I standpipes and an approved partial automatic sprinkler system.
4.	Phase 9C will be physically connected to the existing Phase 9A & 9B structure which was completed in 2020 and consists of approximately three hundred thirty thousand (330,000) square feet.
5.	New to the operation of Building 9 is the introduction of a mold-in-place (MIP) material similar in characteristics to a combination of Polyisocyanurate and PMMA  this material was not present during the consideration of the original Phase 9A & 9B appeal and variance.
6.	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.	The Board hereby grants the Applicant variances from the provisions of the RIFC and RILSC, based upon structural hardships, as set forth below:
a.	EGRESS: RILSC sections 40.2.5 and 7.5 allowing for a common path of travel in excess of the fifty (50) feet allowed  one hundred three (103) feet proposed;
b.	EGRESS: RILSC sections 40.2.6 and 7.6 allowing for a travel distance in excess of the two hundred (200) feet allowed  three hundred fifty (350) feet proposed;
c.	EGRESS: RILSC sections 40.2.7 and 7.7 allowing for exits from the production towers to discharge to the building interior;
d.	FIRE ALARM: RILSC section 9.6.3.5 and NFPA 72 section 18.5.5 allowing for the distribution of fire alarm system notification appliances in accordance with the June 5, 2023 design plan of action;
e.	SPRINKLERS: RIFC section 13.3.2.30 allowing for omission of ceiling-level fire sprinkler coverage in the high-ceiling production area; and,
f.	FIRE FLOW: RIFC section 18.4.5.3 and Table 18.4.5.5.1.4 allowing for a minimum fire flow and duration less than required eight thousand (8,000) GPM for 4-hours  three thousand five hundred (3,500) GPM for 4-hours proposed.
2.	The Board hereby reaffirms the relief granted in Decision  180106 and extends the relief set forth above to the entirety of Building 9, including Phase 9A & 9B, as applicable.

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.
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