A hearing involving the above-captioned property was conducted on Tuesday, October 29, 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: Vice-Chairperson Thornton and Commissioners Spaziani, ODonnell, Muto, Walsh & Mancini.
AUTHORITY HAVING JURISDICTION [AHJ]: Deputy State Fire Marshal Robbie Lopez and Chief Deputy State Fire Marshal David Pastore of the State Fire Marshals Office.
APPELLANT: E. Sands Payne and Attorney David M. DAgostino.
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 E. Sands Payne (owner) of 1745 Corn Neck Road, Block Island, RI dated May 31, 2024.
3.	The Application was processed by the Board and Appeal  2024093 was filed on May 31, 2024.
4.	The matter was initially before the Board on September 10, 2024 at which time it was continued without a finding to allow the Appellant additional time to develop a comprehensive plan of action.
5.	A hearing on the Application was conducted on October 29, 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 Muto and seconded by Commissioner Walsh 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  2024093 and are pertinent to the decision rendered:

1.	Appeal Application  FVA-24-93 submitted on May 31, 2024 and filed on May 31, 2024.
2.	State Fire Marshals Office Inspection Report dated May 23, 2024.
3.	Appellants Request for Continuance dated July 1, 2024.
4.	Reschedule Notice dated July 2, 2024.
5.	State Fire Marshals Office exhibits (20 pages) dated July 1, 2024 and received July 30, 2024.
6.	Appellants Request for Continuance dated August 5, 2024.
7.	Reschedule Notice dated August 5, 2024.
8.	State Fire Marshals Office photos (5 pages) received September 4, 2024.
9.	Reschedule Notice dated September 11, 2024.
10.	Appellants supplemental documents (22 pages) dated October 22, 2024 and received October 22, 2024.
11.	Appellants Respondents Plan of Action (7 pages) dated October 28, 2024 and received October 29, 2024.




EXHIBITS

The following documents were presented at the October 29, 2024 hearing as exhibits:

1.	Upon a motion of Commissioner ODonnell and seconded by Commissioner Muto the Board unanimously voted to waive RIFC section 1.10.4.3 and allow the admission of the Appellants Respondents Plan of Action dated October 28, 2024.

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 23, 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 October 29, 2024 hearing on this matter.  Accordingly, the Board hereby incorporates the May 23, 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 2-story above grade building without a basement level, classified as a multiple/mixed use (assembly, mercantile and storage) occupancy, consisting of approximately eight thousand five hundred twenty-five (8,525) square feet (gross area) and originally built in 1981.
3.	The building is of Type V (000) construction, has a non-compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The facility operations also include a 636 x 65 combustible pier with eleven (11) finger piers measuring approximately ninety-five (95) feet in length and a marine refueling operation that consists of two fuel dispensing stations and the vaulted storage of six thousand  (6,000) gallons of gasoline and four thousand (4,000) gallons of diesel fuel.
5.	The maximum occupant load of the facility has been calculated at three hundred twenty-two (322) persons.
6.	The Board finds through the testimony of the Appellant that the facility is seasonal in nature with customary operations as follows: marina operations from May 1st through Columbus Day, restaurant operations from June 1st through Labor Day; and, bar operations from mid-June through Labor Day of each year.
7.	The Board finds through the testimony of the parties that the following deficiencies/violations have been corrected:  1-5, 7, 9-13, 15-16, 23-24, 26 and 30-31.
8.	The Board finds through the testimony of the parties that the compliance timelines set forth for violations  8, 18-20 and 27 are date certain and that timely compliance with each milestone is a condition of continued facility operation.
9.	The Board finds through the testimony of the Appellant that as it relates to Violation  17, that there is not now, nor has there been in the past, any sleeping accommodations provided in the facility.
10.	The Board takes judicial notice of the fact that references to Memorial Day 2025 shall mean Monday, May 26, 2025.
11.	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.	This deficiency/violation has been corrected.
2.	This deficiency/violation has been corrected.
3.	This deficiency/violation has been corrected.
4.	This deficiency/violation has been corrected.
5.	This deficiency/violation has been corrected.
6.	COMMERCIAL COOKING: The Board hereby grants the Appellant a time variance until May 1, 2025 to comply with the provisions of RILSC sections 13.7.2.3 and 9.2.3 and NFPA 96 (2017) section 5.1.2 by providing this facility with a compliant kitchen cooking hood exhaust hood enclosure at the direction and to the satisfaction of the State Fire Marshals Office.
7.	This deficiency/violation has been corrected.
8.	FIRE ALARM SYSTEM: The Board hereby grants the Appellant a time variance until May 1, 2025 to comply with the provisions of RILSC sections 13.3.4.4.1 and 9.6.2.11 by installing an approved fire alarm system in accordance with section 9.6 throughout the facility, at the direction and to the satisfaction of the State Fire Marshals Office.  In consideration of the relief granted herein, the Board directs that failure to meet this compliance date shall authorize the State Fire Marshals Office to commence abatement proceedings wherein the facility operations shall cease until such time that full compliance is attained.
9.	This deficiency/violation has been corrected.
10.	This deficiency/violation has been corrected.
11.	This deficiency/violation has been corrected.
12.	This deficiency/violation has been corrected.
13.	This deficiency/violation has been corrected.
14.	COMBUSTIBLE WASTE and REFUSE: The Board hereby grants the Appellant a time variance of thirty (30) days from the date of the hearing to comply with the provisions of RIFC section 10.18.1 by providing this facility with neat and orderly storage of combustibles located on the second floor, at the direction and to the satisfaction of the State Fire Marshals Office.
15.	This deficiency/violation has been corrected.
16.	This deficiency/violation has been corrected.
17.	This violation has been withdrawn by the AHJ as not applicable.
18.	EGRESS: The Board hereby grants the Appellant a variance from the provisions of RILSC section 11.5.2 by allowing the existing pier egress to remain in use without modification based upon the timely compliance with  19,  20 and  27, below.
19.	FIRE STANDPIPE SYSTEMS: The Board hereby grants the Appellant a time variance until May 1, 2027 to comply with the provisions of RIFC section 28.1.2.3 by installing an approved fire standpipe system on the pier of the facility, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further grants the Appellant a variance to utilize the 2019 edition of NFPA 14, Standard for the Installation of Standpipe and Hose Systems, more particularly sections 13.2.1.4 and A.13.2.1.4 which permits the use of HDPE pipe.  In consideration of the relief granted herein, the Board directs that failure to meet this compliance date shall authorize the State Fire Marshals Office to commence abatement proceedings wherein the facility operations shall cease until such time that full compliance is attained.
20.	BUILDINGS ON PIERS: The Board hereby grants the Appellant a time variance until May 1, 2026 to comply with the provisions of RIFC section 28.1.2.2.1 by installing an approved fire extinguishing system [NFPA 13 automatic sprinkler system] in the buildings located on the pier of the facility, at the direction and to the satisfaction of the State Fire Marshals Office.  In consideration of the relief granted herein, the Board directs that failure to meet this compliance date shall authorize the State Fire Marshals Office to commence abatement proceedings wherein the facility operations shall cease until such time that full compliance is attained.
21.	CROWD MANAGEMENT: The Board hereby grants the Appellant a time variance until Memorial Day 2025 to comply with the provisions of RILSC section 13.7.6 by providing this facility with approved crowd management training and certification, at the direction and to the satisfaction of the State Fire Marshals Office.
22.	CEILING CLEARANCE: The Board hereby grants the Appellant a time variance of thirty (30) days from the date of the hearing to comply with the provisions of RIFC section 10.18.3.1 by removing all non-compliant storage located in the second-floor storage area, at the direction and to the satisfaction of the State Fire Marshals Office.
23.	This deficiency/violation has been corrected.
24.	This deficiency/violation has been corrected.
25.	FIRE ALARM SYSTEM: This deficiency/violation will be corrected with the completion of item  8, above.
26.	This deficiency/violation has been corrected.
27.	WATER SUPPLY: The Board hereby grants the Appellant a time variance until May 1, 2027 to comply with the provisions of RIFC section 28.1.2.2.5 by providing an approved drafting site as permitted by section A.28.1.2.2.5, at the direction and to the satisfaction of the State Fire Marshal's Office and the local fire department.
28.	EMPLOYEE TRAINING: The Board hereby grants the Appellant a time variance until Memorial Day 2025 to comply with the provisions of RIFC section 28.1.1 and NFPA 303, Fire Protection Standard for Marinas and Boatyards (2016) sections 4.3 [Employee Training], 4.4 [Fire Department Liaison], 4.6 [Boat Owners and Guests], 4.7 [Open-Flame Devices] and 4.8 [Portable Cooking Equipment] by providing the employees of this facility with approved fire and life safety training, at the direction and to the satisfaction of the State Fire Marshals Office.
29.	MARINA PRE PLAN: The Board hereby grants the Appellant a time variance until May 1, 2025 to comply with the provisions of RIFC section 28.1.1 and NFPA 303 (2016) section 4.4 [Fire Department Liaison] by providing a pre plan to the AHJ and the local fire department for approval, at the direction and to the satisfaction of the State Fire Marshals Office.
30.	This deficiency/violation has been corrected.
31.	This deficiency/violation has been corrected.

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)].