A hearing involving the above-captioned property was conducted on Tuesday, August 27, 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: Chairperson Blackburn, Vice-Chairperson Thornton and Commissioners ODonnell, Muto, Horan & Mancini.
AUTHORITY HAVING JURISDICTION [AHJ]: Deputy State Fire Marshal Robbie Lopez of the State Fire Marshals Office.
APPELLANT: Michael Shea.
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 Michael Shea (authorized representative) of Town of New Shoreham, 16 Old Town Road  PO Box 220, New Shoreham, RI dated July 17, 2024.
3.	The Application was processed by the Board and Appeal  2024116 was filed on July 18, 2024.
4.	A hearing on the Application was conducted on August 27, 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 Horan and seconded by Commissioner Mancini to grant the Appellant the relief 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  2024116 and are pertinent to the decision rendered:

1.	Appeal Application  FVA-24-116 submitted on July 17, 2024 and filed on July 18, 2024.
a.	Attached Plan of Action received August 20, 2024
b.	Letter of authorization for Michael Shea from Town Manager Maryanne Crawford dated July 17, 2024.
2.	State Fire Marshals Office Inspection Report dated May 13, 2024.

EXHIBITS

The following documents were presented at the August 27, 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 May 13, 2024 inspection 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 August 27, 2024 hearing on this matter.  Accordingly, the Board hereby incorporates the May 13, 2024 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 an existing 1-story above grade building without a basement level, classified as an assembly occupancy, consisting of approximately eleven thousand forty-two (11,042) square feet (gross area) and originally built in 1951.
3.	The building is of Type V (000) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The Board finds through the testimony of the parties that deficiencies/violations  2-3, 5-6 and 9 have been corrected.
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.	EGRESS: The Board hereby grants the Appellant a time variance until May 1, 2025 to comply with the provisions of RIFC section 14.5.2.10.2 by providing the egress doors of this facility with approved locking hardware, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	This deficiency/violation has been corrected.
3.	This deficiency/violation has been corrected.
4.	COMMERCIAL COOKING: The Board hereby grants the Appellant the time variance outlined in item 1 above to comply with the provisions of RIFC section 9.2.3 and NFPA 96 (2017) section 5.1.2 by providing this facility with an approved exhaust hood for the commercial cooking equipment, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	This deficiency/violation has been corrected.
6.	This deficiency/violation has been corrected.
7.	EGRESS: The Board hereby grants the Appellant the time variance outlined in item 1 above to comply with the provisions of RILSC section 13.2.5.1.3 by providing this facility with an approved second means of egress from the showers area, at the direction and to the satisfaction of the State Fire Marshals Office.
8.	SPECIAL HAZARDS: The Board hereby grants the Appellant the time variance outlined in item 1 above to comply with the provisions of RIFC section 69.1.1.1 and NFPA 58 (2017) section 6.10.1.5 by providing this facility with an approved LPG installation, at the direction and to the satisfaction of the State Fire Marshal's Office.
9.	This deficiency/violation has been corrected.
10.	ELECTRICAL: The Board hereby grants the Appellant the time variance outlined in item 1 above to comply with the provisions of RIFC section 11.1.3.2 by removing all non-compliant multi-plug adaptors, at the direction and to the satisfaction of the State Fire Marshal's Office.
11.	SPECIAL HAZARDS: The Board hereby grants the Appellant ten (10) days from the date of the hearing to comply with the provisions of RIFC section 69.2.1.1.4 and NFPA 58 (2017) section 5.2.1.4 by removing and/or replacing the existing LPG storage tank, at the direction and to the satisfaction of the State Fire Marshal's Office.

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)].