As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, September 26, 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 Walker, Booth, ODonnell, Muto and Spaziani. 

AUTHORITY HAVING JURISDICTION [AHJ]:  State Fire Marshal William Leahy of the State Fire Marshals Office. 

APPLICANT: Joseph Russo. 

EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq. 
 

TRAVEL OF THE CASE 


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. 

The Application was filed by Vincent Baccari, Jr. (&8203;authorized representative&8203;) of Town of Johnston, 1385 Hartford Avenue, Johnston, RI dated &8203;December 8, 2022&8203;. 

The Application was received by the Board and File  2022150A was opened on &8203;July 18, 2023&8203;. 

The property was previously before the Board on or about March 14, 2023 at which time Decision  2022150 was issued dated March 30, 2023 and provided that the file may be reopened should additional time relief be required. 

On or about July 18, 2023 the Applicant filed a request for additional time to comply with Decision  2022150. 

A subsequent hearing on the Application was conducted on September 26, 2023 at 1:00 PM before the Fire Safety Code Board of Appeal and Review. 

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 Walker 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  2022150A and are pertinent to the decision rendered: 


Variance Application  2022150A dated &8203;December 8, 2022&8203; and filed on &8203;July 18, 2023&8203;. 

Letter of authorization for Joseph Russo from Vincent Baccari, Jr. dated &8203;March 13, 2023&8203;. 

State Fire Marshals Office &8203;Inspection&8203; Report dated &8203;October 26, 2022&8203;. 

Decision  2022150 dated March 30, 2023. 

Applicants request for additional time to comply dated [undated]  received July 18, 2023. 

Reschedule Notice dated July 19, 2023. 


EXHIBITS 


The following documents were presented at the September 26, 2023 hearing as exhibits: 


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: 


The determination below corresponds with Decision  2022150 dated March 30, 2023.  The above Decision was utilized by the Board, the Applicant and the State Fire Marshals Office during the September 26, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the &8203;March 30, 2023&8203; Decision as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 

The building is  2-story above grade building &8203;with&8203; a basement level, classified as a day care occupancy, consisting of approximately twenty-four thousand three hundred twelve (24,312) square feet &8203;(gross area)&8203; and originally built in 1923. 

The building is of &8203;Type II (000)&8203; construction,  a &8203;compliant&8203; fire alarm system with emergency forces notification and  not provided with an &8203;approved&8203; automatic sprinkler system. 

It is agreed to by the parties that Violations  1, 2 and 4  8 have been corrected at the direction and to the satisfaction of the State Fire Marshal's Office. 

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. 


EGRESS: The Board hereby grants the Applicant a time variance of six (6) months from the date of the decision to comply with the provisions of RILSC sections 17.7.3.4 and 7.2.1.15 by repairing or replacing all non-compliant doors, 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 ninety (90) days in accordance with the provisions of 450-RICR-00-00-1.7.2(X). 


STATUS OF DECISION AND APPEAL RIGHTS 

 
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)]. 

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)]. 

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)]. 

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 does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].