A hearing involving an appeal of the above-captioned license revocation was conducted on Tuesday, January 9, 2024 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, ODonnell, Muto and Spaziani. 

AUTHORITY HAVING JURISDICTION [AHJ]: Deputy State Fire Marshals James Given and Hannah Burnes and State Fire Marshal Timothy McLaughlin of the State Fire Marshals Office. 

APPELLANT: Peter Freund. 

EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq. 

 
TRAVEL OF THE CASE 

 
This is an Application for Appeal submitted under RIGL chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder. 

The Application for Appeal was submitted by Peter Freund [hereinafter the Appellant] of PO Box 151, East Hampton, CT dated &8203;October 27, 2023&8203;. 

The Application was received by the Board and File  2023168 was opened on &8203;October 31, 2023&8203;. 

A hearing on the Application was conducted on January 9, 2024 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 Commissioners Pearson and Booth to deny the Appellant 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  2023168 and are pertinent to the decision rendered: 


Appeal Application dated &8203;October 27, 2023&8203; and filed on &8203;October 31, 2023&8203;. 

State Fire Marshals Amended Office Notice of Revocation [JE-23-124] dated &8203;October 24, 2023&8203;. 

Letter from Emergency Services of New England to State Fire Marshal dated October 17, 2023. 

State Fire Marshal Notice of Non-Compliance dated October 6, 2023. 

State Fire Marshals Office Notice of Revocation [JE-23-124] dated &8203;September 22, 2023&8203;. 

State Fire Marshal Incident Report  23SFM-185-OF dated August 19, 2023. 

State Fire Marshal Incident Report  23SFM-194-OF dated August 31, 2023. 

State Fire Marshal Incident Report  23SFM-195-OF dated August 31, 2023. 

 
EXHIBITS 

 
The following documents were presented at the January 9, 2024 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 determination below corresponds with the &8203;September 22, 2023&8203; Notice of Revocation issued by the State Fire Marshals Office.  The above Notice was utilized by the Board, the Appellant and the State Fire Marshals Office during the January 9, 2024 hearing on this matter.  Accordingly, the Board hereby incorporates the &8203;September 22, 2023&8203; Notice of Revocation as its initial findings of fact. 

The Board finds that on or about March 15, 2023 the State Fire Marshal's Office issued renewal Journeyman Extinguishing Equipment License  JE-23-124 to Peter Freund of Emergency Services of New England in accordance with RIFC section 13.6.7.2. 

The Board finds that the State Fire Marshal's Office, during the course of an extensive structure fire investigation in the Town of New Shoreham, determined that the Appellant knowingly disregarded and violated five (5) provisions of the Rhode Island Fire Code [50.4.4.3, 50.4.4.3.1, 50.4.4.6, 50.5.2.2 & 50.4.8.2] relating to activities governed by the license currently revoked. 

The Board finds that based upon the egregious nature of these violations and the subsequent admissions by the Appellant thereto, the State Fire Marshal was both authorized and justified in issuing a Notice of Revocation for Journeyman License  JE-23-124 in accordance with RIFC section 13.6.7.4.2(5). 

The Board finds the testimony of Deputy State Fire Marshals Given and Burnes to be credible and compelling while finding the testimony of the Appellant to be evasive, indirect and devoid of credibility. 

The Board finds that the Appellant, having filed an appeal pursuant to RIFC section 1.10.4.1, has failed to state a claim for which relief can be granted. 

The Board acknowledges the strong objection by the State Fire Marshals Office to the granting of any relief requested by the Appellant. 

 
CONCLUSIONS OF LAW AND 

DETERMINATION ON APPEAL REQUEST 

 
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. The Board hereby denies the Appellant relief and upholds the September 22, 2023 Notice of Revocation in accordance with RIFC section 1.10.6.6. 

 
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 operation. 

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 Appellant 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)].