A hearing involving the above-captioned property was conducted on Tuesday, December 10, 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 Spaziani, ODonnell, Muto, Walsh, Horan & Mancini. 
AUTHORITY HAVING JURISDICTION [AHJ]: State Fire Marshal William Labarre of the North Smithfield Fire Marshals Office. 
APPELLANT: Michael Debroisse and Stan Hardin. 
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 Debroisse (authorized representative) of 1 Tupperware Drive, North Smithfield, RI dated May 28, 2024. 
3.	The Application was processed by the Board and Appeal  2024091 was filed on July 25, 2024. 
4.	The property was previously before the Board on or about July 22, 2014 at which time Decision  140069 was issued dated July 30, 2014. 
5.	A hearing on the Application was conducted on December 10, 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 O'Donnell to DENY the Appellant the relief requested.  The motion passed on an 8 to 0 vote. 
 
RECORD OF THE CASE 
 
The following documents are part of the administrative record for Appeal  2024091 and are pertinent to the decision rendered: 
 
1.	Appeal Application  FVA-24-91 submitted on May 28, 2024 and filed on July 25, 2024. 
a.	Letter of authorization for Michael Debroisse from Roger Cummings of High Rocks Condominiums dated April 23, 2024. 
2.	North Smithfield Fire Marshals Office Inspection Report dated [undated]. 
3.	North Smithfield Fire Marshals Offices photographs [4 pages] dated August 29, 2024. 
4.	Reschedule Notice dated September 3, 2024. 
5.	Appellants Fiberon decking specifications [5 pages] dated October 1, 2024. 
6.	Reschedule Notice dated October 8, 2024. 
 
EXHIBITS 
 
The following documents were presented at the December 10, 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 [undated] inspection report compiled by the North Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Appellant and the North Smithfield Fire Marshals Office during the December 10, 2024 hearing on this matter.  Accordingly, the Board hereby incorporates the undated 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 4-story above grade building, classified as an apartment (128 condominium units) occupancy, consisting of approximately two hundred seventy-one thousand seven hundred sixteen (271,716) square feet (gross area) and originally built in the early 1900s. 
3.	The building is of Type IV (2HH) construction, a compliant fire alarm system with emergency forces notification and provided with an approved automatic sprinkler system. 
4.	The Board takes administrative notice of the history of NFPA 1 requirements relating to this issue since its first adoption by the State, as set forth below: 
a.	NFPA 1, Fire Prevention Code (1997 edition): Section 3-4.7 prohibits charcoal burners on combustible balconies or patios and section 30-3.3.8.2 prohibits LPG containers on balconies; 
b.	NFPA 1, Uniform Fire Code (2003 edition): Section 10.11.7 prohibits charcoal or gas-fire cooking equipment on balconies or patios  listed electric grills permitted; 
c.	NFPA 1, Fire Code (2009 edition) [Not adopted in RI]: Section 10.11.6 prohibits all cooking equipment on balconies or patios  electric grills exception deleted; 
d.	NFPA 1, Fire Code (2012 edition): SAA; 
e.	NFPA 1, Fire Code (2015 & 2018 editions): Section 10.10.6 prohibits all cooking equipment on balconies or patios; 
f.	NFPA 1, Fire Code (2021 edition) [Pending adoption on RI]: SAA; 
g.	NFPA 1, Fire Code (2024 edition) [Not adopted in RI]: Section 10.10.6 adds an exception for electrically-powered cooking appliances with attendant conditions. 
5.	The Board finds that notwithstanding the fact that the 2024 edition of NFPA 1 is not likely to be adopted in the foreseeable future, a variance allowing the Appellant to utilize the provisions set forth therein might be a consideration if the attendant conditions were met  they are not, as set forth below: 
a.	Type I or Type II construction  property construction is Type IV; or, 
b.	Protected by automatic sprinklers throughout including on any balcony and under any overhanging portion of the structure  these areas are not protected. 
6.	There is no position from the North Smithfield Fire Marshals Office to the granting or denying of the relief requested. 
 
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 DENIES the Appellant a variance from the provisions of RIFC section 10.10.6 by directing that all cooking equipment be removed from the exterior decks and balconies of this facility, at the direction and to the satisfaction of the North Smithfield 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)].