A hearing involving the above-captioned properties was conducted on Tuesday, May 14, 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 Muto, Spaziani, Walsh, Horan & Mancini. 
AUTHORITY HAVING JURISDICTION [AHJ]: Deputy State Fire Marshal Daniel Hultquist of the State Fire Marshals Office. 
APPELLANT: Wade Palazini and Samuel Adams. 
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 Wade Palazini (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard  Suite 1002, Warwick, RI dated April 9, 2024. 
3.	The Application was processed by the Board and Appeal  2024045-061 and 063-069 was filed on April 11, 2024. 
4.	The majority of these properties were previously before the Board on multiple days in 2011 and are subject to Decisions  110140 - 110165 issued on November 29, 2011 [Brookside Hall and Hillside Hall were not included in this Decision as they were not yet constructed at the time]. 
5.	A hearing on the Application was conducted on May 14, 2024 at 1:00 PM before the Fire Safety Code Board of Appeal and Review. 
6.	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 Horan and seconded by Commissioner Spaziani to grant the Appellant the relief as outlined herein.  The motion passed on a 5 to 0 vote. 
 
RECORD OF THE CASE 
 
The following documents are part of the administrative record for Appeal  2024045-061 and 063-069 and are pertinent to the decision rendered: 
 
1.	Appeal Application  FVA-24-45 through FVA-24-61 and FVA-24-63 through FVA-24-69 submitted on April 9, 2024 and filed on April 11, 2024. 
a.	Attached Plan of Action dated May 7, 2024. 
b.	Letter of authorization for Jensen Hughes from Jeffrey Plouffe dated April 9, 2024. 
2.	State Fire Marshals Office Inspection Reports: 
a.	2024045	Adams Hall			LSI-23-391		9/1/23 
b.	2024046	Aldrich Hall			LSI-23-392		9/1/23 
c.	2024047	Barlow Hall			LSI-23-393		9/1/23 
d.	2024048	Bressler Hall			LSI-23-394		9/1/23 
e.	2024049	Brookside Hall			LSI-23-395		9/1/23 
f.	2024050	Browning Hall			LSI-23-396		9/1/23 
g.	2024051	Burnside Hall			LSI-23-397		9/1/23 
h.	2024052	Butterfield Hall			LSI-23-398		9/1/23 
i.	2024053	Coddington Hall			LSI-23-399		9/1/23 
j.	2024054	Dorr Hall			LSI-23-400		9/1/23 
k.	2024055	Eddy Hall			LSI-23-401		9/1/23 
l.	2024056	Ellery Hall			LSI-23-402		9/1/23 
m.	2024057	Fayerweather Hall			LSI-23-403		9/1/23 
n.	2024058	Garrahy Hall			LSI-23-404		8/9/23 
o.	2024059	Gorham Hall			LSI-23-405		9/1/23 
p.	2024060	Heathman Hall			LSI-23-406		9/1/23 
q.	2024061	Hillside Hall			LSI-23-407		9/1/23 
r.	2024063	Hopkins Hall			LSI-23-408		9/1/23 
s.	2024064	Hutchinson Hall			LSI-23-409		9/1/23 
t.	2024065	Merrow Hall			LSI-23-410		9/1/23 
u.	2024066	Peck Hall			LSI-23-411		9/1/23 
v.	2024067	Tucker Hall			LSI-23-413		9/1/23 
w.	2024068	Weldin Hall			LSI-23-415		9/1/23 
x.	2024069	Wiley Hall			LSI-23-417		9/1/23 
  
 
EXHIBITS 
 
The following documents were presented at the May 14, 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 determinations below correspond with the May 7, 2024 plan of action report compiled by the Applicant in response to the State Fire Marshals Office Life Safety Inspection Reports listed in  2(a) through (x) above.  The above report was utilized by the Board, the Appellant and the State Fire Marshals Office during the May 14, 2024 hearing on this matter.  Accordingly, the Board hereby incorporates by reference the May 7, 2024 plan of action 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.	Additionally, the Board directs that any violation or deficiency self-identified within the plan of action and addressed by this Decision shall be subject to correction and enforcement by the AHJ as if cited by the AHJ directly. 
3.	The Board finds through the testimony of the Appellant that of the approximate one hundred ninety-five (195) violations identified in the plan of action, one hundred fifty-five (155) have been corrected. 
4.	The Board further finds through the testimony of the Appellant that as of May 19, 2024 all of these residential properties with the exception of Brookside Hall will be vacant for the summer break and not again occupied until the start of the 2024/2025 academic year. 
5.	There is no objection by the State 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 a time variance of fourteen (14) days from the date of the decision to correct all outstanding deficiencies/violations in all buildings relating to the non-compliant storage of combustibles and relating to non-compliant electrical wiring, fixtures and/or appliances, at the direction and to the satisfaction of the State Fire Marshals Office. 
2.	The Board hereby grants the Appellant a time variance of sixty (60) days from the date of the decision to correct all other outstanding deficiencies/violations in all buildings with the exception of those relating to guard configuration, at the direction and to the satisfaction of the State Fire Marshals Office. 
3.	The Board hereby grants the Appellant a time variance of two (2) years from the date of the decision to correct all outstanding guard configuration deficiencies/violations in all buildings (except as noted below), at the direction and to the satisfaction of the State Fire Marshals Office. 
a.	The following eleven (11) buildings are exempted from this requirement as previous Board relief has been granted in the 2011 Decision: Aldrich, Barlow, Bressler, Browning, Burnside, Butterfield, Coddington, Dorr, Ellery, Hopkins and Weldin. 
 
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)].