A hearing involving the above-captioned property was conducted on Tuesday, January 7, 2025 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, Walsh & Horan.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshal Kevin Tuthill of the Narragansett Fire Marshals Office.
APPELLANT: Robert Leonard.
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 Robert Leonard (owner) of 40 Ocean Road, Narragansett, RI dated November 1, 2024.
3.	The Application was processed by the Board and Appeal  2024197 was filed on November 4, 2024.
4.	The property was previously before the Board on or about March 25, 2008 at which time Decision  050871 was issued dated June 12, 2008.
5.	A hearing on the Application was conducted on January 7, 2025 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 Vice-Chairperson Thornton and 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  2024197 and are pertinent to the decision rendered:

1.	Appeal Application  FVA-24-197 submitted on November 1, 2024 and filed on November 4, 2024.
2.	Narragansett Fire Marshals Office Inspection Report dated September 27, 2024.
3.	Narragansett Fire Marshals Office photos (5 pages) received December 16, 2024.

EXHIBITS

The following documents were presented at the January 7, 2025 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 September 27, 2024 inspection report compiled by the Narragansett Fire Marshals Office.  The above report was utilized by the Board, the Appellant and the Narragansett Fire Marshals Office during the January 7, 2025 hearing on this matter.  Accordingly, the Board hereby incorporates the September 27, 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, classified as an assembly occupancy, consisting of approximately twelve thousand seven hundred forty (12,740) square feet (gross area) and originally built in 1888.
3.	The building is of ordinary construction, has a compliant fire alarm system with emergency forces notification and is provided with an approved automatic sprinkler system.
4.	The Board finds through the testimony of the parties that there is an additional door to the exterior from the dining room that is not being utilized as a required exit and is not marked as such.  The Board further finds that the permanent use of this door as an exit would not be code-compliant.
5.	There is no objection by the Narragansett 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.	EGRESS: The Board hereby grants the Appellant a time variance until May 22, 2025 to comply with the provisions of RILSC section 7.5.2.1, 7.5.1.2 and 7.1.10.1 by providing this facility with an approved second means of egress from the dining room area, at the direction and to the satisfaction of the Narragansett Fire Marshals Office.
a.	In consideration of the relief granted herein, the Board directs the Appellant to remove the exit sign directing occupants into the kitchen area and to temporarily utilize the above-described alternate door from the dining room as a means of egress, with appropriate signage, until such time that this condition becomes compliant.
3.	This deficiency/violation will be corrected with the completion of item  2, above.

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).

Finally, the Board hereby authorizes the Narragansett Fire Marshals Office, upon receiving a written request, to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Appellant by one (1) or more extensions of time of not more than thirty (30) days each, for a period not to exceed ninety (90) days in accordance with the provisions of 450-RICR-00-00-1.7.2(X).

The Board directs that this file may be reopened if necessary, in order to allow the Applicant to return in the future should historical preservation, zoning or planning board(s) rulings preclude compliance in accordance with the timeline set forth in this Decision.

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)].