As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, September 12, 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.

	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Sylvester, Booth, Thornton, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshal Dennis Bernier of the Union Fire District Fire Marshals Office.
APPLICANT: Benjamin Allis.
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 Benjamin Allis (authorized representative) of 12 Health Avenue, Providence, RI dated April 21, 2023.
3.	The Application was received by the Board and File  2023090 was opened on June 13, 2023.
4.	The matter was initially before the Board on July 25, 2023 at which time it was continued without a finding in order for the Board to review and possibly revise the requirements of RILSC Chapter 26 as it relates to seasonal camp cabins.
5.	A subsequent hearing on the Application was conducted on September 12, 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 Vice-Chairman Blackburn and seconded by Commissioner Thornton 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  2023090 and are pertinent to the decision rendered:

1.	Variance Application  2023090 dated April 21, 2023 and filed on June 13, 2023.
a.	Letter of authorization for Benjamin Allis from Steven G. ODonnell dated April 24, 2023.
b.	YMCA Camp Fuller Emergency Action Plan 2022.
2.	Union Fire District Fire Marshals Office Inspection Report dated March 30, 2023.
3.	Reschedule Notice dated July 26, 2023.
4.	Formal Interpretation & Blanket Variance[FI/BV]  23-02 dated August 22, 2023.

EXHIBITS

The following documents were presented at the September 12, 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 March 30, 2023 inspection report compiled by the Union Fire District Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Union Fire District Fire Marshals Office during the September 12, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the March 30, 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 YMCA Camp Fuller complex consists of multiple unattached buildings spread over approximately 27 acres, accommodating approximately 306 campers and 120 staff members, primarily from June through October each year.
3.	The focus of this appeal is the applicability of RILSC section 26.3.4.1.1 to twelve (12) groups of residential structures comprised of thirty-four (34) separate structures with an aggregate occupant load of approximately three hundred forty-two (342) persons.
4.	The Board finds that the following residential groups are no longer in violation pursuant to the issuance of Blanket Variance  23-02: CIT, Jungle, LIT, Shungle, CIT  2, Junior Cabins  5-9 and Cabins  1-7.
5.	There is no objection by the Union Fire District 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.	Gardner House / Sherman  1-7 / Plato	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a time variance until April 30, 2024 to comply with the provisions of RILSC section 26.3.4.1.1 by installing an approved fire alarm system(s) in accordance with section 9.6 throughout these structures, at the direction and to the satisfaction of the Union Fire District Fire Marshals Office.

2.	CIT / Jungle / LIT / Shungle / CIT  2 / Junior Cabins  5-9 / Cabins  1-7	The Board hereby holds that the provisions of RILSC section 26.3.4.1.1 are not applicable pursuant to the issuance of FI/BV  23-02 dated August 22, 2023.

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 Union Fire District  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 ninety (90) 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)].