A hearing involving the above-captioned property was conducted on Tuesday, February 6, 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 and Commissioners Pearson, Sylvester, Booth, Thornton, ODonnell, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshal James Bobola of the Dunns Corner Fire Marshals Office.
APPELLANT: Alex Bowen and Caroline Keene.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	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.
2.	The Application was submitted by Nick Bowen (owner) of 228 Blackberry Hill Drive, Wakefield, RI dated [undated].
3.	The Application was processed by the Board and Appeal  2023169 was filed on November 3, 2023.
4.	The matter was initially before the Board on December 5, 2023 at which time it was continued without a finding in order to have the Appellant return with a revised plan of action.
5.	A subsequent hearing on the Application was conducted on February 6, 2024 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 O'Donnell to grant the Appellant 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  2023169 and are pertinent to the decision rendered:

1.	Appeal Application  2023169 dated [undated] and filed on November 3, 2023.
2.	Dunns Corner Fire Marshals Office Inspection Report dated March 21, 2023.
3.	Reschedule Notice dated December 7, 2023.
4.	Dunns Corner Fire Marshals Office Amended Inspection Report dated January 23, 2024.
5.	Appellants supplemental information package dated [undated].

EXHIBITS

The following documents were presented at the February 6, 2024 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 determinations below correspond with the January 23, 2024 amended inspection report compiled by the Dunns Corner Fire Marshals Office.  The above report was utilized by the Board, the Appellant and the Dunns Corner Fire Marshals Office during the February 6, 2024 hearing on this matter.  Accordingly, the Board hereby incorporates the January 23, 2024 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 Appellant, shall be noted herein.
2.	The building is an existing 2-story above grade building with a basement level, classified as a multiple/mixed use (assembly, business and storage) occupancy, consisting of approximately fourteen thousand thirty-five (14,035) square feet (gross area) and originally built in 1739.
3.	The building is of Type V (000) construction, does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The Board finds through the testimony of the Appellant and the AHJ that the following deficiencies have been corrected: 1-2, 4-7, 11, 13-14 and 21.
5.	There is no objection by the Dunns Corner 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.	The Board hereby grants the Appellant a time variance of sixty (60) days from the date of the decision to comply with the Deficiencies  3, 8, 10, 12 and 19-20, at the direction and to the satisfaction of the Dunns Corner Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Appellant to ensure that these corrections are completed and approved prior to occupancy of the assembly spaces.
2.	The Board hereby grants the Appellant variances for Deficiencies  9, 15-18 and 22 by allowing the existing conditions to remain as is without modification based upon a structural hardship and change in use of the building from its previous occupancy classification.  In consideration of the relief granted herein, the Board directs the Appellant to comply with the following conditions:
a.	There shall be no public access allowed on the second or third floors;
b.	All offices on the second floor shall be proved with operable corridor doors; and,
c.	The third floor shall be restricted to storage use only.

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).

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 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)].
2.	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)].
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 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)].