As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, September 19, 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 and Commissioners Pearson, Sylvester, Booth, Thornton, Davison, ODonnell, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshal Jacqueline Davis of the Providence Fire Marshals Office.
APPLICANT: Faye Gauthier, Joseph Watson and Gary Beaune.
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 Faye Gauthier (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard -- Suite 1002, Warwick, RI dated June 5, 2023.
3.	The Application was received by the Board and File  2023082 was opened on June 6, 2023.
4.	The matter was initially before the Board on July 11, 2023 at which time it was continued without a finding in order to allow the AHJ to conduct an inspection of the property and for the Applicant to revise their plan of action as needed.
5.	A subsequent hearing on the Application was conducted on September 19, 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 ODonnell to grant the Applicant the relief as outlined herein.  The motion passed on a 9 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2023082 and are pertinent to the decision rendered:

1.	Variance Application  2023082 dated June 5, 2023 and filed on June 6, 2023.
a.	Attached Plan of Action dated June 5, 2023.
b.	Letter of authorization for Gary Beaune and Jensen Hughes from Scott Gadreau dated May 12, 2023.
2.	Providence Fire Marshals Office Inspection Report letter dated May 26, 2023.
3.	Providence Fire Marshals Office Inspection Report dated August 17, 2023.
4.	Applicants Revised Plan of Action dated September 12, 2023.
5.	Reschedule Notice dated July 13, 2023.
6.	Reschedule Notice dated August 21, 2023.

EXHIBITS

The following documents were presented at the September 19, 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 August 17, 2023 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the September 19, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the August 17, 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, classified as an apartment occupancy (35 units), consisting of approximately thirty-one thousand twenty (31,020) square feet (gross area) and originally built in 1979.
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 partial automatic sprinkler system.
4.	There is no objection by the Providence 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.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.4.6.3 by allowing the existing stair guards with openings no greater than 6 to remain in use without modification based upon an approved existing installation.  In granting this relief, the Board acknowledges that openings no greater than 6 were permitted by previous [pre-1991] editions of the Life Safety Code.
2.	EGRESS: The Board hereby grants the Applicant a time variance of ninety (90) days from the date of the decision to comply with the provisions of RILSC section 7.1.3.2(1) by providing this facility with approved self-closing and self-latching door to Stair 2 West, at the direction and to the satisfaction of the Providence Fire Marshals Office.
3.	EXTINGUISHMENT: The Board hereby grants the Applicant a time variance of ninety (90) days from the date of the decision to comply with the provisions of NFPA 13 (2016 edition) section 8.5.6 by removing all obstructions to the storage room sprinkler heads, at the direction and to the satisfaction of the Providence Fire Marshals Office.
4.	HAZARDOUS MATERIALS: The Board hereby grants the Applicant a time variance of ninety (90) days from the date of the decision to comply with the provisions of RIFC section 60.5.1.9.1 by providing this facility guard posts protecting the oil storage tank, at the direction and to the satisfaction of the Providence 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 Providence 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)].