A hearing involving the above-captioned property was conducted on Tuesday, February 20, 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, Muto and Spaziani. 

AUTHORITY HAVING JURISDICTION [AHJ]:  State Fire Marshals Charles Carr and James Bellamy of the East Providence Fire Marshals Office. 

APPELLANT: Amy Gravell, Abbey Teliska and Wade Palazini. 

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 Amy Gravell (&8203;authorized representative&8203;) of St. Mary Academy - Bay View, 1070 Pawtucket Avenue, Riverside, RI dated &8203;September 29, 2023&8203;. 

The Application was processed by the Board and Appeal  2023148 was filed on &8203;October 4, 2023&8203;. 

The property was previously before the Board on or about May 9, 2017 at which time Decision  160179 was issued dated May 25, 2017. 

The property was again before the Board on or about December 12, 2023 at which time the matter was continued without a finding in order for the AHJ to reinspect the property and for the Appellant to develop a new plan of action. 

A subsequent hearing on the Application was conducted on February 20, 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 Thornton and seconded by Commissioner Sylvester to grant the Appellant 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  2023148 and are pertinent to the decision rendered: 

 
Appeal Application  2023148 dated &8203;September 29, 2023&8203; and filed on &8203;October 4, 2023&8203;. 

Attached Plan of Action dated &8203;October 2, 2023&8203;. 

East Providence Fire Marshals Office &8203;Inspection&8203; Report dated &8203;August 25, 2023&8203;. 

Reschedule Notice dated December 15, 2023. 

Reschedule Notice dated December 21, 2023. 

East Providence Fire Marshals Office Revised &8203;Inspection&8203; Report dated &8203;January 8, 2024&8203;. 

Appellants Revised Plan of Action dated &8203;February 13, 2024&8203;. 

Decision  160179 dated May 25, 2017. 

 
EXHIBITS 

 
The following documents were presented at the February 20, 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 numbers of the determinations below correspond with those of the &8203;January 8, 2024&8203; &8203;inspection&8203; report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Appellant and the East Providence Fire Marshals Office during the February 20, 2024 hearing on this matter.  Accordingly, the Board hereby incorporates the &8203;January 8, 2024&8203; &8203;inspection&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 Appellant, shall be noted herein. 

The building is  3-story above grade building &8203;with&8203; a basement level, classified as an educational occupancy, consisting of approximately seventy-two thousand three hundred twenty-two (72,322) square feet &8203;(gross area)&8203; and originally built in 1947. 

The building is of &8203;Type III (200)&8203; construction,  a &8203;compliant&8203; fire alarm system with emergency forces notification and  provided with an &8203;approved&8203; (partial) automatic sprinkler system. 

The Board finds through the testimony of the Appellant that the following violations have been corrected: 2, 10-11, 14, 16-18 and 24. 

There is no objection by the East 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. 

 
The Board hereby grants the Appellant a time variance of thirty (30) days from the date of the Decision to comply with the following violations, at the direction and to the satisfaction of the East Providence Fire Marshals Office:  21-23. 

The Board hereby grants the Appellant a time variance until August 16, 2024 to comply with the following violations, at the direction and to the satisfaction of the East Providence Fire Marshals Office:  1, 3-9, 13, 15 and 20. 

The Board hereby grants the Appellant a variance on violations  12 and 19 by allowing the existing stairwell(s)  11 & 13 conditions to remain in use without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Appellant to provide approved firestopping to any non-compliant penetrations, at the direction and to the satisfaction of the East Providence 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). 

 
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)].