As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, October 17, 2017 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Acting Chairman Pearson and Commissioners Filippi, Walker, Jackson, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Joseph Schindler of the Providence Fire Marshals Office.
APPLICANT: Dennis Sullivan and Ted Jakubowski.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. Chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Dennis Sullivan (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard - Suite 1002, Warwick, RI dated September 6, 2017.
3.	The Application was received by the Board and File  170120 was opened on September 14, 2017.
4.	The property was previously before the Board on April 8, 2014 at which time Decision  140032 was issued dated April 17, 2014.
5.	A hearing on the Application was conducted on October 17, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Walker and seconded by Commissioner Davison to grant the Applicant relief on items  1, 2 and 4.  The motion failed on a 4 to 1 vote with Commissioner Booth voting in opposition and Commissioners Jackson and Thornton abstaining from the vote.  A subsequent motion was made by Commissioner Walker and seconded by Commissioner Davison to reconsider the vote and grant the Applicant relief on items  1 and 3 as outlined herein.  That motion passed on a 5 to 0 vote with Commissioners Jackson and Thornton abstaining from the vote.  Additional testimony was then taken from the Applicant and the AHJ relating to item  4 which was followed by a second motion made by Commissioner Walker and seconded by Commissioner Davison to grant the Applicant relief on item 4 as outlined herein.  That motion passed on a 6 to 1 vote with Commissioner Booth voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170120 and are pertinent to the decision rendered:

1.	Variance Application  170120 dated September 6, 2017 and filed on September 14, 2017.
2.	Providence Fire Marshals Office Inspection Report dated August 15, 2016.
3.	Letter of authorization for Jensen Hughes from Theodore F. Jakubowski of Beneficent House dated September 13, 2017.
4.	Decision  140032 dated April 17, 2014.
5.	Applicants (Jensen Hughes) plan of action dated May 16, 2017.
6.	Email from ADSFM Joseph Schindler of the Providence Fire Marshal's Office to Jensen Hughes dated July 12, 2017.

EXHIBITS

The following documents were presented at the October 17, 2017 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 Finding of Fact:

1.	The numbers of the Decision below correspond with those of the August 15, 2016 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the October 17, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the August 15, 2016 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
2.	The building is an existing 9-story with basement apartment (180 unit) occupancy consisting of approximately one hundred ninety-two thousand four hundred eighteen (192,418) square feet (gross area) and originally built in 1967.
3.	The building is of Type III (200) construction, does not have a compliant fire alarm system and is provided with an approved automatic sprinkler system.
4.	There is no objection by the Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	FIRE ALARM SYSTEM: The Board grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC section 9.6.7.2.1 by providing a directory or zone map at the fire alarm control unit, at the direction and to the satisfaction of the Providence Fire Marshals Office.
2.	This item is not a violation as the dwelling unit kitchens are protected by automatic sprinklers.
3.	FIRE ALARM SYSTEM: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC sections 18.4.5.1, 18.4.5.2 and 18.4.5.3 by developing and submitting a plan of action for the installation of approved fire alarm system notification appliances in accordance with section 9.6 throughout the sleeping areas of the facility.  The Board further grants the Applicant 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 Providence Fire Marshals Office.
4.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 31.4.1.1, 11.8.6.1 and 11.8.6.2 by allowing the existing conditions to remain without providing a separate emergency command center.

In consideration of the relief granted herein, the Board directs the Applicant to continue to incorporate the periodic routine inspection, testing and maintenance of the fire alarms system to include all existing fixed temperature heat detectors located within the facilitys dwelling unit kitchens.  In the event that these detection devices fail or become incompatible with the facility fire alarm control unit, they shall be replaced with compliant devices or removed.

Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  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 Providence Fire Marshals Office to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Fire Safety Code, section 6-2-22.1.

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 R.I.G.L. 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 Applicants 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, section 6-2-22).
2.	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Fire Safety Code, section 6-2-23.)  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 Fire Code or a revision of the above-cited classification.  (See: Fire Safety Code, section 6-2-24).
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 R.I.G.L. 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:  Fire Safety Code, section 6-2-25).
4.	In accordance with R.I.G.L 42-35-12, the Applicant 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: Fire Safety Code, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].