As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, August 8, 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, ODonnell, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION [AHJ]: Deputy State Fire Marshal Traci Choiniere of the State Fire Marshals Office.
APPLICANT: Wade Palazini.
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 Wade Palazini (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard -- Suite 1002, Warwick, RI dated June 15, 2023.
3.	The Application was received by the Board and File  2023097 was opened on June 19, 2023.
4.	The property was previously before the Board [filed under 1 Spring Street] on or about October 15, 2008 at which time Decision  070463 was issued dated March 11, 2009 and again on September 16, 2014 at which time Decision  140091 was issued dated September 24, 2014.
5.	A hearing on the Application was conducted on August 8, 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 Pearson to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2023097 and are pertinent to the decision rendered:

1.	Variance Application  2023097 dated June 13, 2023 and filed on June 19, 2023.
a.	Attached Plan of Action dated July 25, 2023.
b.	Letter of authorization for Jensen Hughes from Blake Filippi dated June 14, 2023.
2.	Revised Plan of Action dated July 27, 2023.
3.	State Fire Marshals Office Inspection Report dated May 9, 2023.
4.	Decision  070463 dated March 11, 2009.
5.	Decision  140091 dated September 24, 2014.

EXHIBITS

The following documents were presented at the August 8, 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 9, 2023 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the August 8, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the May 9, 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 3-story above grade building without a basement level, classified as a multiple/mixed use (hotel and assembly) occupancy, consisting of approximately eighteen thousand fifty (18,050) square feet (gross area) and originally built in 1872.
3.	The building is of Type V (000) construction, has a compliant 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 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.	FIRE PUMP: The Board hereby grants the Applicant a time variance until May 3, 2024 to comply with the provisions of RIFC section 13.4.2.1.1.2 by providing the fire pump room of this facility with approved rated separation, at the direction and to the satisfaction of the State Fire Marshals Office.  In the alternative, the Applicant shall have the option of removing the fire pump if it is proven to be non-required.
2.	This deficiency/violation has been corrected.
3.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 13.3.3.4.1.1 and NFPA 25 section 13.8.5 by providing this facility with an approved hydrostatic testing of the sprinkler system fire department connection [FDC], at the direction and to the satisfaction of the State Fire Marshal's Office.
4.	This deficiency/violation has been corrected.
5.	This deficiency/violation has been corrected.
6.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 13.3.3.2 and NFPA 25 section 5.2.2 by removing all external materials resting on or hung from sprinkler system piping, at the direction and to the satisfaction of the State Fire Marshal's Office.
7.	This deficiency/violation has been corrected.
8.	This deficiency/violation has been corrected.
9.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 13.3.4.1.1.1 and NFPA 25 section 5.2.1 by correcting the non-compliant sprinkler head orientation in the kitchen, at the direction and to the satisfaction of the State Fire Marshal's Office.
10.	COMMERCIAL COOKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 50.1.1 and NFPA 96 section 5.1 by providing the kitchen of this facility [large cookline] with an approved exhaust hood system, at the direction and to the satisfaction of the State Fire Marshals Office.
11.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 29.2.1.1 and 7.1.5.1 by allowing the existing headroom projections in the basement to remain based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to provide high-visibility markings and padding to these areas, at the direction and to the satisfaction of the State Fire Marshal's Office.
12.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 13.3.1.2 and NFPA 13 section 8.15.1.2.18 by providing the front entrance exterior overhand with automatic sprinkler protection, at the direction and to the satisfaction of the State Fire Marshal's Office.
13.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 29.2.1.1 and 7.2.2.4.6 by providing approved stair guards on the landings of the second and third floor interior stairs, at the direction and to the satisfaction of the State Fire Marshal's Office.  The Board directs that the small connecting section between the landing guard and the stair guard shall be permitted to remain at the current height.
14.	This deficiency/violation has been corrected.
15.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 13.3.1.2 and NFPA 13 section 8.15.1.2.18 by providing the first floor north exit exterior overhand with automatic sprinkler protection, at the direction and to the satisfaction of the State Fire Marshal's Office.
16.	A variance for this deficiency was previously granted by the Board in Decision  070463 dated March 11, 2009.
17.	This deficiency/violation has been corrected.
18.	This deficiency/violation has been corrected.
19.	This deficiency/violation has been corrected.
20.	This deficiency/violation has been corrected.
21.	This deficiency/violation has been corrected.
22.	PROTECTION OF VERTICAL OPENINGS: The Board hereby grants the Applicant the time variance as set forth in item 1 above to comply with the provisions of RILSC section 29.3.1.2 by providing the mechanical chase that connects the ground floor through the third floor with approved access panels, automatic sprinkler protection, and a fire alarm system-connected smoke detector at the top of the chase, at the direction and to the satisfaction of the State Fire Marshals Office.

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).

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 thirty (30) 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)].