A hearing involving the above-captioned property was conducted on Tuesday, January 23, 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: Commissioners Walker, Sylvester, Thornton, ODonnell, Muto and Spaziani. 

AUTHORITY HAVING JURISDICTION [AHJ]:  State Fire Marshal Michael DeRosa of the West Greenwich Fire Marshals Office. 

APPELLANT: James Erinakes and Steven Bailey. 

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 was submitted by James Erinakes (&8203;authorized representative&8203;) of EWG School Department, 940 Nooseneck Hill Road, West Greenwich, RI  dated &8203;October 31, 2023&8203;. 

The Application was received by the Board and File  2023170 was opened on &8203;November 3, 2023&8203;. 

A hearing on the Application was conducted on January 23, 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 Commissioner Muto and seconded by Commissioner Sylvester to grant the Appellant the relief as outlined herein.  The motion passed on a 6 to 0 vote. 

 
RECORD OF THE CASE 


The following documents are part of the administrative record for Appeal  2023170 and are pertinent to the decision rendered: 

 
Appeal Application  2023170 date &8203;October 31, 2023&8203; and filed on &8203;November 3, 2023&8203;. 

West Greenwich Fire Marshals Office &8203;Inspection&8203; Report dated &8203;September 28, 2023&8203;. 

West Greenwich Fire Marshals Office follow-up &8203;Inspection&8203; Report [undated] and received on  &8203;January 9, 2024&8203;. 

AHJ Request for Continuance dated November 6, 2023. 

Reschedule Notice dated November 6, 2023. 

 
EXHIBITS 

 
The following documents were presented at the January 23, 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 determinations below correspond with the &8203;September 28, 2023&8203; &8203;inspection&8203; report and updated status report [undated] compiled by the West Greenwich Fire Marshals Office.  The above reports were utilized by the Board, the Appellant and the West Greenwich Fire Marshals Office during the January 23, 2024 hearing on this matter.  Accordingly, the Board hereby incorporates the &8203;September 28, 2023&8203; &8203;inspection&8203; report and updated status report [undated] as its initial findings of fact. Any modification of the Boards findings relating to this report, such as correction of a deficiency by the Appellant, shall be noted herein. 

The building is  2-story above grade building, classified as a multiple/mixed use (assembly and educational) occupancy, consisting of approximately one hundred fifty-eight thousand one hundred thirty-three (158,133) square feet &8203;(gross area)&8203; and originally built in 1991. 

The building is of &8203;Type II (000)&8203; construction,  an &8203;approved (with deficiencies)&8203; fire alarm system with emergency forces notification and  provided with an &8203;approved (with deficiencies)&8203; partial coverage automatic sprinkler system(s). 

The Board finds through the testimony of the AHJ and the Appellant that Violations  2, 4, 9-10, 14, 17-20, 22-26 and 28-38 have been corrected at the direction and to the satisfaction of the West Greenwich Fire Marshal's Office. 

There is no objection by the West Greenwich 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. 

 
The Board hereby grants the Appellant a time variance of thirty (30) days from the date of  to develop and submit a plan of action to correct Violations  1, 8 and 13.  The Board further grants the Appellant 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 West Greenwich Fire Marshals Office. 

The Board hereby grants the Appellant a time variance of thirty (30) days from the date of  to correct Violations  3, 5-7, 11-12, 15-16, 21, 27 and 39, at the direction and to the satisfaction of the West Greenwich Fire Marshal's Office. 

 
Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Appellant.  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 West Greenwich Fire Marshals Office, upon receiving a written request, to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Appellant 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 

 
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 Appellants 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 Appellant 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 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)].