A hearing involving the above-captioned property was conducted on Tuesday, December 19, 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 Pearson, Sylvester, Booth, ODonnell, Muto and Spaziani. 

AUTHORITY HAVING JURISDICTION [AHJ]:  State Fire Marshal Jacqueline Davis of the Providence Fire Marshals Office. 

APPLICANT: Philip Conte. 

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 Philip Conte (&8203;authorized representative&8203;) of StudioJAED, 42 Weybosset Street, Providence, RI dated [undated]. 

The Application was received by the Board and File  2023155 was opened on &8203;October 10, 2023&8203;. 

The property was most recently before the Board on or about September 15, 2015 at which time Decision  130099B was issued dated September 25, 2015. 

A hearing on the Application was conducted on December 19, 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 Commissioner Booth and seconded by Commissioners Sylvester and Pearson 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  2023155 and are pertinent to the decision rendered: 

 
Variance Application  2023155 dated [undated] and filed on &8203;October 10, 2023&8203;. 

Attached Plan of Action dated &8203;September 28, 2023&8203; 

Letter of authorization for StudioJAED from Amanda Pontarelli dated [undated]. 

Providence Fire Marshals Office &8203;Plan Review&8203; Report dated [undated]. 

 
EXHIBITS 

 
The following documents were presented at the December 19, 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 [undated] &8203;plan review&8203; 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 19, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the [undated] &8203;plan review&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  educational occupancy, consisting of approximately one hundred ninety thousand sixty-seven (190,067) square feet &8203;(gross area)&8203; and originally built in 1960. 

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 15.2.6.2 by allowing the existing 205 ft. travel distance from the 2nd floor Library classroom to remain as an existing condition without modification based upon a structural hardship. 

2. EGRESS:  The Board hereby grants the Applicant a time variance until August 30, 2024 to make necessary repairs and/or modifications to the fire-rated stair enclosure associated with Violation  1 above, at the direction and to the satisfaction of the Providence Fire Marshal's Office. 

3. EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 15.2.5.2 by allowing the existing 119 ft. dead end condition at the 2nd floor Library classroom to remain as an existing condition without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to provide appropriate No Exit signage, at the direction and to the satisfaction of the Providence Fire Marshal's Office. 

4. No action required. 

5. EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.5.3 by allowing the existing 70 in. headroom in the 1st floor stairwell to remain as an existing condition without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to provide appropriate padding and cautionary signage, at the direction and to the satisfaction of the Providence Fire Marshal's Office. 

6. EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 8.3.4.7.3 by allowing the proposed non-rated panel boxes to be installed in the stairwells as equivalent compliant in accordance with RILSC section 1.4.3. 

7. No action required. 


In consideration of the relief granted herein, the Board directs the Applicant to ensure that the automatic sprinklers updates associated with this renovation project are installed and activated prior to the commencement of the 2024/2025 academic school year. 

 
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)].