A hearing involving the above-captioned property was conducted on Tuesday, December 12, 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 and Commissioners Sylvester, Booth, Thornton, ODonnell, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshal Benjamin Poirier of the Providence Fire Marshals Office.
APPLICANT: Nick Horton and Neal Bijlani.
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 Nick Horton (authorized representative) of Open Doors, 485 Plainfield Street, Providence, RI dated December 4, 2023.
3.	The Application was received by the Board and File  2023182 was opened on December 4, 2023.
4.	The property was most recently before the Board on June 27, 2023 under File  2023101 at which time the Applicant was not prepared to proceed with the appeal and the file was subsequently closed without a finding.
5.	A hearing on the instant Application was conducted on December 12, 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 Commissioner Thornton and seconded by Commissioner Sylvester 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  2023182 and are pertinent to the decision rendered:

1.	Variance Application  2023182 dated December 4, 2023 and filed on December 4, 2023.
a.	Attached Plan of Action dated December 4, 2023.
2.	Providence Fire Marshals Office Plan Review Report  BLDG-23-626 dated [undated].

EXHIBITS

The following documents were presented at the December 12, 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 [undated] plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the December 12, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the [undated] plan review 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 3-story above grade building with a basement level, classified as a hotel or dormitory occupancy, consisting of approximately twelve thousand seven hundred six (12,706) square feet (gross area) and originally built in 1940.
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 automatic sprinkler system.
4.	There is no objection by the Providence 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.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 28.2.2.1.2 by allowing the existing glazed French doors in Stair Hall B, located between sitting rooms, to remain in use without modification based upon a structural hardship.  In granting this relief, the Board finds that a previous variance for this condition was granted by the Board in Decision  2020057 dated April 23, 2021 under the classification as a Residential Board and Care occupancy necessitating the installation of proximate sprinkler head protection.
2.	This deficiency/violation has been corrected.
3.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections Table 7.2.2.2.1.1(A) and 7.2.2.3.6(1) & (2) by allowing the existing A & B staircases to remain in use without modification based upon a structural hardship.
4.	This deficiency/violation has been corrected.
5.	This deficiency/violation has been corrected.
6.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.7 by allowing the existing rear reception/entry hall double doors to remain in use without modification based upon a structural hardship.
7.	HAZARDOUS AREAS: The Board hereby grants the Applicant an open-ended time variance to comply with the provisions of RILSC section Table 28.3.2.2.2 by providing this facility with a smoke tight basement ceiling/floor assembly, at the direction and to the satisfaction of the Providence Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to limit the occupant load of the entire facility to no more than sixteen (16) persons until this violation is corrected  once corrected, the occupant load may be increased to thirty-three (33) persons on the first floor and sixteen (16) persons on the second floor.
8.	This deficiency/violation has been corrected by discontinuing use of the residential stove located in the second floor kitchen.  In consideration of the relief granted herein, the Board directs the Applicant to disconnect the gas supply to this appliance at the basement level, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
9.	PROTECTION OF VERTICAL OPENINGS: 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 sections 28.3.1 and 8.6.9.1 by developing and submitting a plan of action for the protection of the Center (B) Stair.  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 Providence Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to restrict any residential use of the third floor.
10.	EGRESS: 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 sections 28.2.5.1 and 7.5.1.3 by developing and submitting a plan of action for the lack of remoteness between egress stairs A and B.  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 Providence Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to restrict any residential use of the third floor.

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

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)].