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 Ernest Robin of the North Kingstown Fire Marshals Office and Chief Deputy State Fire Marshal David Pastore of the State Fire Marshal's Office. 

APPLICANT: John Brito, Amy Sonder and Charles Sonder. 

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 Sonder Designs, LLC (&8203;authorized representative&8203;) of 25 Elam Street, North Kingstown, RI dated &8203;May 15, 2023&8203;. 

The Application was received by the Board and File  2023080 was opened on &8203;June 8, 2023&8203;. 

The matter was initially before the Board on July 18, 2023 at which time it was continued without a finding to allow the Applicant to develop a revised plan of action. 

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  2023080 and are pertinent to the decision rendered: 

 
Variance Application  2023080 dated &8203;May 15, 2023&8203; and filed on &8203;June 8, 2023&8203;. 

Drawings (4 pages) dated &8203;March 9, 2023&8203;. 

Letter of authorization for Charles Sonder of Sonder Designs from Jeffrey Cammans dated &8203;May 16, 2023&8203;. 

North Kingstown Fire Marshals Office &8203;Plan Review&8203; Report dated &8203;May 3, 2023&8203;. 

Reschedule Notice dated July 19, 2023. 

Revised drawings and photographs (8 pages) dated September 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 numbers of the determinations below correspond with those of the &8203;May 3, 2023&8203; &8203;plan review&8203; report compiled by the North Kingstown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the September 26, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the &8203;May 3, 2023&8203; &8203;inspection&8203; 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. 

The building is  2-story above grade building &8203;without&8203; a basement level, classified as an assembly occupancy, consisting of approximately seven thousand three hundred fifty-seven (7,357) square feet &8203;(gross area)&8203; and originally built in 1849. 

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

The Board acknowledges the support of the North Kingstown Fire Marshals Office to the granting of the relief outlined herein. 

The Board acknowledges the 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. 

 
MINIMUM CONSTRUCTION REQUIREMENTS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 12.1.6 by allowing the proposed use of the second floor as designed.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions: 

The occupant load of the second floor shall be restricted to no more than forty-nine (49) persons, including limited private events where the facility is not open to the public; 

The seating arrangement for use of the second floor shall be restricted to that shown in Layout 1, Layout 2 or Layout 3 of the September 19, 2023 design documents; 

No bar facilities or live entertainment shall be permitted on the second floor; and, 

Any change in use or occupancy from this approved design shall require a further plan review and approval by the AHJ. 

 
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). 

 
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)].