A hearing involving the above-captioned property was conducted on Tuesday, March 5, 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 Pearson, Sylvester, Thornton, Davison, Muto and Spaziani. 

AUTHORITY HAVING JURISDICTION [AHJ]:  State Fire Marshals Marc Rizzo and Paul Silvestri of the North Providence Fire Marshals Office. 

APPELLANT: Attorney Joseph Brennan. 

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 Daniel Campbell (&8203;authorized representative&8203;) of Level Design Group, LLC, 249 South Street -- Unit 1, Plainville, MA dated [undated]. 

The Application was processed by the Board and Appeal  2023159 was filed on &8203;October 24, 2023&8203;. 

The matter was initially before the Board on January 9, 2024 at which time it was continued without a finding to allow the Appellant to revise the application as needed. 

A hearing on the Application was conducted on March 5, 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 Spaziani to close the file 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  2023159 and are pertinent to the decision rendered: 

 
Appeal Application  2023159 submitted on [undated] and filed on &8203;October 24, 2023&8203;. 

Letter of authorization for Daniel Campbell of Level Design Group from Joe Kishfy dated &8203;October 20, 2023&8203;. 

North Providence Fire Marshals Office emails. 

Reschedule Notice dated January 10, 2024. 

 
EXHIBITS 

 
The following documents were presented at the March 5, 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 request of the Appellants attorney made at the March 5, 2024 hearing on the matter. 

There is no objection by the North 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. 

 
At the request of the Appellants attorney, the appeal is withdrawn, and the file is closed. 

 
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)]. 

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)].