As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, October 24, 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 Pearson, Booth, Thornton, Davison, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshal Scott Hampson of the Woonsocket Fire Marshals Office.
APPLICANT: Greg Bennett, Peter Casale and Attorney Christopher Zangari.
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 Greg Bennett (authorized representative) of 53 Coe Street LLC, PO Box 271, Saunderstown, RI dated June 21, 2023.
3.	The Application was received by the Board and File  2023105 was opened on June 21, 2023.
4.	The property was previously before the Board on or about November 30, 2004 at which time Decision  040281 was issued dated February 12, 2005.
5.	A hearing on the Application was conducted on October 24, 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 Vice-Chairman Blackburn and seconded by Commissioner Pearson to grant the Applicant the relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2023105 and are pertinent to the decision rendered:

1.	Variance Application  2023105 dated June 21, 2023 and filed on June 21, 2023.
a.	Letter of authorization for Greg Bennett from 53 Coe Street LLC dated June 21, 2023.
2.	Woonsocket Fire Marshals Office Inspection Report dated May 16, 2023.
3.	Applicants request for continuance dated August 16, 2023.
4.	Reschedule Notice dated August 16, 2023.

EXHIBITS

The following documents were presented at the October 24, 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 May 16, 2023 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the October 24, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the May 16, 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 4-story building, classified as a dormitory (21 sleeping rooms) occupancy, consisting of approximately ten thousand five hundred sixty-seven (10,567) square feet (living area) and originally built in 1954.
3.	The building is of Type III construction [see  5, below], has an approved (with deficiencies) fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
4.	The Board finds and it is agreed to by the parties that the property is correctly classified as an existing dormitory occupancy and subject to the requirements of RILSC Chapter 29.
5.	The Board notes that the Applicants code consultant is not in agreement with the construction type classification determined by the AHJ  believing it to be Type I or II  however no substantive evidence of this was presented at the time of the hearing.
6.	There is no objection by the Woonsocket 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.	KEY ACCESS BOX: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 18.2.2.1 by providing the necessary access keys of this facility for placement in the existing key access box, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
2.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 29.3.5.2 by either providing certification from a licensed design professional that this facility is of Type I or II construction or by limiting the sleeping accommodation to the third story in height or lower [see BV  21-03], at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
3.	OPENING PROTECTIVES: The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC section 29.3.6.2.3 by providing doors in the egress system of this facility that are self-closing and self-latching, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
4.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC section 29.3.6.2.1 by providing (or verifying existing) doors in the egress system of the facility with an approved 20-minute fire protection rating, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
5.	This deficiency/violation has been corrected.
6.	This deficiency/violation has been corrected.
7.	This deficiency/violation has been corrected.
8.	This deficiency/violation has been corrected.
9.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC section Table 29.3.2.2.2 by protecting the boiler with either a 1-hour fire protection rated separation or automatic sprinkler protection in accordance with section 9.7, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
10.	TRANSOM, LOUVERS, or TRANSFER GRILLES: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC section 29.3.6.4.2 by protecting the existing transoms in the egress system with an approved 1-hour fire rated separation, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
11.	HVAC / CLOTHES DRYERS: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC sections 29.5.2.1 and 9.2.2 and NFPA 211 (2016) section 10.7.3.8 by providing all clothes dryers in the laundry room with approved exhaust ducts, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
12.	This deficiency/violation has been corrected.
13.	This deficiency/violation has been corrected.
14.	This deficiency/violation has been corrected.
15.	This deficiency/violation has been corrected.
16.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC section 29.3.4.6.5 by providing this facility with approved carbon monoxide (CO) detection in accordance with section 9.12 for the kitchen and boiler room, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
17.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 29.3.4. by developing and submitting a plan of action for the installation of an approved fire alarm system with emergency forces notification in accordance with section 9.6 throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the Woonsocket 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

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)].