As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, November 7, 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, Sylvester, Booth, Thornton, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION [AHJ]: Deputy State Fire Marshal Traci Choiniere of the State Fire Marshals Office.
APPLICANT: Erica Martinelli and Venkat Doddapaneni.
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 Erica Martinelli (authorized representative) of Pine Acres, 2052 Plainfield Pike, Greene, RI dated August 29, 2023.
3.	The Application was received by the Board and File  2023141 was opened on September 18, 2023.
4.	A hearing on the Application was conducted on November 7, 2023 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	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 Commissioners Sylvester and ODonnell 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  2023141 and are pertinent to the decision rendered:

1.	Variance Application  2023141 dated August 29, 2023 and filed on September 18, 2023.
2.	State Fire Marshals Office Inspection Report dated August 1, 2023.

EXHIBITS

The following documents were presented at the November 7, 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 August 1, 2023 inspection 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 November 7, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the August 1, 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 1-story above grade building with a basement level, classified as a residential board and care (large) occupancy, consisting of approximately twenty-nine thousand six hundred twenty-five (29,625) square feet (gross area) and originally built in 1972.
3.	The building is of Type V (000) construction, has a compliant fire alarm system with emergency forces notification and is provided with an approved (with deficiencies) automatic sprinkler system.
4.	The Board finds through the testimony of the parties that the fire protection water supply consists of an integrated system of one (1) three thousand (3,000) gallon pressure storage tank and an indoor electric fire pump that drafts water from an on-site private pond located at the rear of the facility.
5.	The facility has been licensed by RIDOH for sixty (60) residents with the current population at thirty-eight (38).
6.	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.

1.	EXTINGUISHMENT: 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 RIFC section 13.4.1.1, NFPA 20 (2016) section 14.4 and NFPA 25 (2017) section 8.1.1.2 by providing documentation of testing and maintenance of the facilitys fire pump, at the direction and to the satisfaction of the State Fire Marshal's Office.
2.	EXTINGUISHMENT: The Board hereby grants the time variance set forth in item  1 above to comply with the provisions of RIFC section 13.3.3.2 and NFPA 25 section 13.2.5 by providing documentation of the sprinkler system main drain test, at the direction and to the satisfaction of the State Fire Marshal's Office.
3.	EXTINGUISHMENT: The Board hereby grants the time variance set forth in item  1 above to comply with the provisions of RIFC section 13.3.3.4.1 and NFPA 25 section 13.8.5 by providing documentation of testing and maintenance of the sprinkler system fire department connection (FDC) piping, at the direction and to the satisfaction of the State Fire Marshal's Office.
4.	The Board acknowledges that there is no Violation  4.
5.	This deficiency/violation has been corrected.
6.	INDOOR FIRE PUMPS: The Board hereby grants the Applicant a variance from the provisions of RIFC sections 13.4.2.1.1.2 and 13.4.2.1.1.3 by allowing the existing basement to be deemed equivalent to a separated fire pump room.  In consideration of the relief granted herein, the Board directs the Applicant to ensure that this room is kept clear of all combustibles at all times, at the direction and to the satisfaction of the State Fire Marshal's Office.
7.	EXTINGUISHMENT: The Board hereby grants the time variance set forth in item  1 above to comply with the provisions of RILSC sections 33.3.3.5.1  and 9.7.1.1 and NFPA 13 (2016) section 24.2.4.1.2 by providing approved air pressure maintenance equipment for the sprinkler system pressure tank, at the direction and to the satisfaction of the State Fire Marshal's Office.
8.	EXTINGUISHMENT: The Board hereby grants the time variance set forth in item  1 above to comply with the provisions of RILSC sections 33.3.3.5.1 and 9.7.1.1, NFPA 13 section 27.1 and NFPA 25 section 9.2.1.2  by providing documentation of monthly water tank level monitoring, at the direction and to the satisfaction of the State Fire Marshal's Office.
9.	This deficiency/violation has been corrected.
10.	EXTINGUISHMENT: The Board hereby grants the Applicant a time variance until November 14, 2023 to comply with the provisions of RIFC section 13.1.3 by providing documentation of verification of operation, testing and maintenance of the facilitys integrated automatic sprinkler system and fire extinguishing equipment in accordance with NFPA 4 (2018), at the direction and to the satisfaction of the State Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to fully comply with any and all impairment procedures set forth in NFPA 1 chapter 13 and NFPA 25 chapter 15.
11.	This deficiency/violation has been corrected.
12.	This deficiency/violation has been corrected.
13.	EXTINGUISHMENT: The Board hereby grants the time variance set forth in item  1 above to comply with the provisions of RIFC section 13.3.3.2 and NFPA 25 section 5.3.1.1.1 by testing and/or replacing all sprinkler heads that have been in service for fifty (50) years, at the direction and to the satisfaction of the State Fire Marshal's Office.
14.	EXTINGUISHMENT: The Board hereby grants the time variance set forth in item  1 above to comply with the provisions of RILSC sections 33.3.3.5.1 and 9.7.1.1 and NFPA 13 section 8.3.3.2 by verifying (and replacement as necessary) uniformity of all quick-response sprinklers within any compartment, at the direction and to the satisfaction of the State Fire Marshal's Office.
15.	EXTINGUISHMENT: The Board hereby grants the time variance set forth in item  1 above to comply with the provisions of RIFC section 13.3.3.4.1.1.1 and NFPA 25 section 5.2.1.1.2 by correcting the sprinkler head orientation located in the admin office, at the direction and to the satisfaction of the State Fire Marshal's Office.
16.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 33.3.2.1.1 and 7.1.5.1 by allowing the existing basement headroom of sixty-eight (68) inches to remain 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 where indicated, at the direction and to the satisfaction of the State Fire Marshal's Office.
17.	This deficiency/violation has been corrected.
18.	This deficiency/violation has been corrected.
19.	This deficiency/violation has been corrected.

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 total period not to exceed thirty (30) days in accordance with the modified provisions of 450-RICR-00-00-1.7.2(X).  NOTE: The above AHJ extension allowance shall not be applicable to Violation  10.

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)].