As documented in the file, a hearing involving the above-captioned organization 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 and Muto. 

APPLICANT: Alex Tiegs and Ken Morgan via teleconference. 

EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq. 


TRAVEL OF THE CASE 


This is an Application for Determination of Acceptability 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 Alex Tiegs (&8203;authorized representative&8203;) of OMNI Test Laboratories [hereinafter OMNI], 13327 NE Airport Way, Portland, OR dated &8203;August 31, 2023&8203;. 

The Application was received by the Board and File  2023138 was opened on &8203;September 5, 2023&8203;. 

A 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 Booth to grant the Applicant the approval 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  2023138 and are pertinent to the decision rendered: 


Application  2023138 dated &8203;August 31, 2023&8203; and filed on &8203;September 5, 2023&8203;. 

Attached supporting documents (16 pages). 

Emails between OMNI and the Board dated August 28, 29 & 31, 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 the submittals compiled by the Applicant.  The above documents were utilized by the Board and the Applicant during the September 26, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the submittal documents 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. 

The Board finds through the testimony of the Applicant that OMNI is accredited by International Accreditation Services (IAS) to ISO/IEC 17025 as a Testing Laboratory, to ISO/IEC 17020 as an Inspection Agency and further accredited by IAS and Standards Council of Canada (SCC) to ISO/IEC 17065 as a Certification Body. 

There has been no input or objection by the State Fire Marshals Office received relating to the granting of the approval outlined herein. 


CONCLUSIONS OF LAW AND 

DETERMINATIONS ON APPLICATION 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. 
 

The Board hereby holds that OMNI is designated as an acceptable third-party organization to act as a product safety testing laboratory and a product certification body as it relates to any required approval and/or listing of heating appliances as regulated by the Rhode Island State Fire Safety Code.  [1:11.5.1.7 / 1:3.2.1 / 1:3.2.6]. 


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 organization. 

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)].