A hearing involving the above-captioned property was conducted on Tuesday, April 9, 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 Booth, Thornton, ODonnell, Walsh, Horan & Mancini. 
AUTHORITY HAVING JURISDICTION [AHJ]: State Fire Marshals David Pastore and Dennis Greenless of the State Fire Marshals Office. 
APPELLANT: Lauren Barnes, Andre Gill and Edward Orazine. 
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 Andre Gill (authorized representative) of House of Hope Community Development Corporation, 3188 Post Road, Warwick, RI dated March 28, 2024. 
3.	The Application was processed by the Board and Appeal  2024040 was filed on April 2, 2024. 
4.	A hearing on the Application was conducted on April 9, 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 O'Donnell 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  2024040 and are pertinent to the decision rendered: 
 
1.	Appeal Application  FVA-24-40 submitted on March 28, 2024 and filed on April 2, 2024. 
a.	Executive Summary Outline [10 pages] from Andre Gill of Andre Gill Engineering, LLC [hereinafter AGE] dated March 28, 2024. 
b.	DRAFT Emergency Evacuation Plan  Pallet Homes [17 pages] dated January 23, 2024. 
c.	Consultant report with attachments [27 pages] from John Simontacchi dated January 30, 2024. 
d.	Pallet Village Variance Alternate Suppression Review with attachments [8 pages] from Edward Orazine of Engineering Planning and Management, Inc. [hereinafter EPM] to State Fire Marshal McLaughlin dated March 19, 2024. 
e.	Pallet Village Variance Cover Letter with attachments [13 pages] from Edward Orazine of EPM to State Building Code Commissioner Cambio dated March 19, 2024. 
f.	Cease Fire information sheet [4 pages] from Cody Kitterman dated March 25, 2024. 
g.	QAI Laboratories Test Report BUR0171-FT-2 [5 pages] dated November 3, 2023. 
h.	QAI Laboratories Test Report BUR0171-FT-3 [5 pages] dated November 3, 2023. 
i.	QAI Laboratories Test Report BUR0171-FT-4 [5 pages] dated November 3, 2023. 
j.	Firefree Coatings, Inc. product information sheets [13 pages]. 
k.	Letter of authorization for RI Department of Housing from Robert Rocchio, RI Department of Transportation Chief Engineer dated March 29, 2024. 
l.	Letter of authorization for Andre Gill from Secretary of Housing Stefan Pryor dated March 29, 2024. 
m.	Letter of authorization for Andre Gill from House of Hope Executive Director Laura Jaworski dated April 1, 2024. 
2.	State Fire Marshals Office Plan Review Report  B-24-10 / Project  8229 dated February 12, 2024. 
 
EXHIBITS 
 
The following documents were presented at the April 9, 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 numbers of the determinations below correspond with those of the February 12, 2024 plan review report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Appellant and the State Fire Marshals Office during the April 9, 2024 hearing on this matter.  Accordingly, the Board hereby incorporates the February 12, 2024 plan review 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 project before the Board involves a proposed new hotel occupancy for the States unhoused population consisting of forty-five (45) individual sleeping units known as pallet shelters and several ancillary support buildings that include offices, community center, laundry and restrooms & showers. 
3.	There is no objection by the State or Providence Fire Marshals Offices 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.	FIRE DEPARTMENT ACCESS ROADS: The Board hereby grants the Appellant a variance from the provisions of RIFC section 18.2.3.5.6 by allowing the existing grade of the fire department access road to remain in use without modification based upon an existing conditions hardship. 
2.	FIRE DEPARTMENT ACCESS ROADS: The Board hereby grants the Appellant a variance from the provisions of RIFC section 18.2.3.5.2 by allowing the existing surface of the fire department access road to remain in use without modification based upon an existing conditions hardship. 
3.	No relief requested. 
4.	No relief requested. 
5.	EXTINGUISHMENT: The Board hereby grants the Appellant a variance from the provisions of RILSC sections 28.3.5.1 and 9.7.1.1 by approving the proposed Cease Fire  dry chemical suppression system as an alternate system in accordance with RILSC sections 1.4.3, 9.8.1, 9.8.2.1 and Table 9.8.1 and installed in accordance with NFPA 17, Standard for Dry Chemical Extinguishing Systems, 2017 edition, at the direction and to the satisfaction of the State Fire Marshals Office.  In consideration of the relief granted herein, the Board directs that this alternate system shall be deemed a required system and shall further meet all of the requirements of NFPA 17 Chapter 11, Inspection, Maintenance, and Recharging. 
6.	No relief requested. 
7.	No relief requested. 
 
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)].