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]: Deputy State Fire Marshal Robbie Lopez of the State Fire Marshals Office. 

APPLICANT: Julian Costanzo. 

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 Julian Costanzo (&8203;owner&8203;) of 30 Maple Lane, East Hampton, NY dated &8203;July 24, 2023&8203;. 

The Application was received by the Board and File  2023120 was opened on &8203;July 26, 2023&8203;. 

The property was previously before the Board on or about November 13, 2013 at which time Decision  120126 was issued dated March 8, 2013. 

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 Muto 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  2023120 and are pertinent to the decision rendered: 

 
Variance Application  2023120 dated &8203;July 24, 2023&8203; and filed on &8203;July 26, 2023&8203;. 

State Fire Marshals Office &8203;Inspection&8203; Report dated &8203;June 23, 2023&8203;. 

Decision  120126 was issued dated March 8, 2013. 

 
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;June 23, 2023&8203; &8203;inspection&8203; report compiled by the State Fire Marshals Office.  The above report 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;June 23, 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  3-story above grade building &8203;with&8203; a basement level, classified as a lodging and rooming house (bed & breakfast) occupancy, consisting of approximately nine thousand one hundred twenty-three (9,123) square feet &8203;(gross area)&8203; and originally built in 1900. 

The building is of &8203;Type V (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. 

The Board finds through the testimony of the Applicant that the occupancy of the facility is seasonal, from June through September annually. 

The Board finds through the testimony of the Applicant that the current use of the facility kitchen is such that there is no production of smoke or grease-laden vapors. 

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. 

 
COMMERCIAL COOKING: The Board hereby denies the Applicant a variance from the provisions of RIFC section 50.1.1 and NFPA 96 by requiring that the existing kitchen exhaust system be brought into full compliance prior to any use of the kitchen that causes the production of smoke or grease-laden vapors, at the direction and to the satisfaction of the State Fire Marshal's Office. 

EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 29.2.1.1 and 7.1.5 by allowing the existing main exit stairwell headroom to remain in use without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to provide reflective tape, signage and/or protective foam padding at the direction and to the satisfaction of the State Fire Marshal's Office. 

This deficiency/violation has been corrected. 

This deficiency/violation has been corrected. 

EGRESS: The Board hereby grants the Applicant a time variance until May 1, 2024 to comply with the provisions of RIFC section 10.18.4 by removing all combustible storage from under the exterior stair to the second floor, at the direction and to the satisfaction of the State Fire Marshals Office. 

EXTENSION CORDS: The Board hereby grants the Applicant the time variance outlined in item 5 above to comply with the provisions of RIFC section 11.1.5.6 by removing all non-compliant extension cords, at the direction and to the satisfaction of the State Fire Marshal's Office. 

This deficiency/violation has been corrected. 

This deficiency/violation has been corrected. 

This deficiency/violation has been corrected. 

This deficiency/violation has been corrected. 

EGRESS: The Board hereby grants the Applicant a time variance until May 1, 2024 to comply with the provisions of RIFC sections 14.10.3.1 and 7.2.2.4 by providing approved handrails for the first floor porch stairs, 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). 

 
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)].