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]: Central Falls Fire Marshals Office notified of hearing  no representative appeared. 
APPELLANT: Edward Wojcik. 
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 Edward Wojcik (authorized representative) of One Richmond Square, Providence, RI dated January 17, 2024. 
3.	The Application was processed by the Board and Appeal  2024007 was filed on January 17, 2024. 
4.	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. 
5.	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 grant the Appellant the relief as outlined herein.  The motion passed on a 5 to 1 vote with Commissioner Sylvester voting in opposition. 
 
RECORD OF THE CASE 
 
The following documents are part of the administrative record for Appeal  2024007 and are pertinent to the decision rendered: 
 
1.	Appeal Application  FVA-24-7 submitted on January 17, 2024 and filed on January 17, 2024. 
a.	Attached Plan of Action dated September 1, 2023 
b.	Letter of authorization for Edward Wojcik from Linda Weisinger dated January 9, 2024. 
 
EXHIBITS 
 
The following documents were presented at the March 5, 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 determination below corresponds with the September 1, 2023 plan of action report compiled by the Appellant.  The above report was utilized by the Board and the Appellant during the March 5, 2024 hearing on this matter.  Accordingly, the Board hereby incorporates the September 1, 2023 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 3-story above grade building with a basement level, classified as an apartment (4 unit) occupancy, consisting of approximately four thousand six hundred twenty-four (4,624) square feet (gross area) and originally built in 1900. 
3.	The building is of Type V (000) construction, a compliant fire alarm system and not provided with an approved automatic sprinkler system. 
4.	There has been no objection received by the Central Falls 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 variances from the following provisions of RILSC based upon a structural hardship: 
a.	Table 7.2.2.2.1(b)  Stairs 1 & 2 minimum width 
b.	Table 7.2.2.2.1(b)  Stair 2 minimum tread depth 
c.	Table 7.2.2.2.1(b)  Stair 2 maximum riser height 
d.	Table 8.3.2.2  Exit access doors fire resistance rating. 
2.	In consideration of the relief granted herein, the Board directs the Appellant to ensure that all exit access doors are of metal or solid wood construction and are self-closing and self-latching. 
3.	The Board directs that this file may be reopened if necessary, in order to allow the Applicant to return in the future should relief be required as it relates to possible non-compliant stair(s) winders. 
 
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)].