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 Traci Choiniere, Chief Deputy State Fire Marshal David Pastore and State Fire Marshal Timothy McLaughlin of the State Fire Marshals Office. 
APPELLANT: Audrey Ashong-Katai. 
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 Audrey Ashong-Katai (owner) of Andrew Matthew Assisted Living Facility, 226 Sterry Street, Pawtucket, RI dated August 18, 2024. 
3.	The Application was processed by the Board and Appeal  2024138 was filed on August 19, 2024. 
4.	The property was previously before the Board on or about July 17, 2012 at which time Decision  100064 was issued dated December 5, 2012. 
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 Vice-Chair Thornton and seconded by Commissioner Walsh to grant the Appellant the relief as outlined herein.  The motion passed on a 6 to 2 vote with Commissioners ODonnell and Horan voting in opposition. 
 
RECORD OF THE CASE 
 
The following documents are part of the administrative record for Appeal  2024138 and are pertinent to the decision rendered: 
 
1.	Appeal Application  FVA-24-138 submitted on August 18, 2024 and filed on August 19, 2024. 
2.	State Fire Marshals Office Inspection Report dated June 25, 2024. 
3.	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 June 25, 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 December 10, 2024 hearing on this matter.  Accordingly, the Board hereby incorporates the June 25, 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 3-story above grade building with a basement level, classified as a residential board and care (small) occupancy, consisting of approximately six thousand two hundred ten (6,210) square feet (gross area) and originally built in 1925. 
3.	The building is of Type V (000) construction, an approved (with deficiencies) fire alarm system without emergency forces notification and provided with an approved (with deficiencies) automatic sprinkler system. 
4.	The facility is licensed by RIDOH as an assisted living facility for up to fifteen (15) residents.  The Board finds through the testimony of the Appellant that the current population is nine (9) residents. 
5.	The Board finds through the testimony of the AHJ that the evacuation capability level of the facility has been determined to be impractical in accordance with RILSC sections 3.3.81 and 33.2.1.2. 
6.	The Board acknowledges the strong opposition by the State Fire Marshal to any extended time relief for compliance beyond what is set forth in this Decision or to the continued use of the basement level as sleeping accommodations for any person(s).  Accordingly, there is no objection by the State Fire Marshals Office to the granting of the specific 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.	UTILITIES: The Board hereby grants the Appellant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RIFC section 11.1.5.6 by removing all extension cords being used as a substitute for permanent wiring, at the direction and to the satisfaction of the State Fire Marshals Office. 
2.	FIRE ALARM SYSTEM: The Board hereby grants the Appellant a time variance of thirty (30) days from the date of to comply with the provisions of RILSC sections 33.2.3.5.3.7, 33.2.3.5.3 and 9.7.2.2.1 by developing and submitting a plan of action for the installation of an emergency forces notification interface for fire alarm system in accordance with section 9.6.  The Board further grants the Appellant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the State Fire Marshals Office. 
3.	EXTINGUISHMENT: The Board hereby grants the Appellant the time variance outlined in item 2 above to comply with the provisions of RILSC sections 33.2.3.5.1 and 33.2.3.5.2(2) by providing all bedroom closets of this facility with an approved supervised automatic sprinkler system in accordance with section 9.7, at the direction and to the satisfaction of the State Fire Marshal's Office. 
4.	EXTINGUISHMENT: The Board hereby grants the Appellant the time variance outlined in item 1 above to comply with the provisions of RIFC section 13.3.3.3 by replacing all missing ceiling tiles in the boiler room of this facility, at the direction and to the satisfaction of the State Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Appellant to prohibit any sleeping by residents or staff in the basement level of the facility until such time that the basement is fully code compliant for such use. 
5.	This deficiency/violation has been corrected. 
6.	This deficiency/violation has been corrected. 
7.	This deficiency/violation has been corrected. 
8.	This deficiency/violation has been corrected. 
9.	EGRESS: The Board hereby grants the Appellant the time variance outlined in item 2 above to comply with the provisions of RILSC section 33.2.2.4 by providing this facility with an approved interior stair for primary means of escape, at the direction and to the satisfaction of the State Fire Marshal's Office. 
10.	This deficiency/violation has been corrected. 
11.	This deficiency/violation has been corrected. 
12.	UTILITIES: The Board hereby grants the Appellant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RIFC section 11.1.2.2 and NFPA 70 (2020) Article 210.8 by providing GFI protection for the receptacle located in proximity to the kitchen sink, at the direction and to the satisfaction of the State Fire Marshals Office. 
13.	This deficiency/violation has been corrected. 
14.	EXTINGUISHMENT: The Board hereby grants the Appellant the time variance outlined in item 2 above to comply with the provisions of RIFC sections 13.3.2.6 and 13.3.2.6.1 by providing the exterior exit overhang of this facility with approved supervised automatic sprinkler protection in accordance with section 9.7, at the direction and to the satisfaction of the State Fire Marshal's Office. 
 
In consideration of the relief granted herein, the Board directs the Appellant to coordinate with the State Fire Marshals Office within two (2) weeks of the date of the hearing to conduct an unannounced fire drill at the facility for the purpose of determining resident evacuation capability level.  In the event that this determination changes the current impractical classification to that of slow, the AHJ is directed to reassess violations  2, 3, 9 and 14 to determine if compliance is still mandated. 
 
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)].