A hearing involving the above-captioned property was conducted on Tuesday, February 4, 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: Vice-Chairperson Thornton and Commissioners Spaziani, ODonnell, Walsh & Horan. 
AUTHORITY HAVING JURISDICTION [AHJ]: State Fire Marshal Katie Mahoney of the Providence Fire Marshals Office. 
APPELLANT: Alex Tomasso and Rick Simone. 
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 Alex Tomasso (owner) of 725 Branch Avenue, Providence, RI dated October 29, 2024. 
3.	The Application was processed by the Board and Appeal  2024194 was filed on October 30, 2024. 
4.	The matter was initially before the Board on January 7, 2025 at which time it was continued without a finding to allow the Appellant additional time to develop a plan of action. 
5.	A subsequent hearing on the Application was conducted on February 4, 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 Commissioner ODonnell to grant the Appellant the relief as outlined herein.  The motion passed on a 5 to 0 vote. 
 
RECORD OF THE CASE 
 
The following documents are part of the administrative record for Appeal  2024194 and are pertinent to the decision rendered: 
 
1.	Appeal Application  FVA-24-194 submitted on October 29, 2024 and filed on October 30, 2024. 
2.	Providence Fire Marshals Office Plan Review Report  BLDG-24-1230 dated [undated]. 
 
EXHIBITS 
 
The following documents were presented at the February 4, 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 determination below corresponds with the undated plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Appellant and the Providence Fire Marshals Office during the February 4, 2025 hearing on this matter.  Accordingly, the Board hereby incorporates the undated plan review 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 Board finds through the testimony of the parties that CA Technical Bulletin  117-2013, Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture [TB 117-2013], is similar in testing methodology and requirements to NFPA 260 & 261 and has been adopted by various agencies throughout the country as equivalent. 
3.	The Board finds through the testimony of the Appellant that the facility currently has a No Smoking, Hookah or Vaping policy and will continue to maintain that in effect. 
4.	There is no objection by the Providence 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.	The Board hereby grants the Appellant a variance from the provisions of RILSC section 10.3.2.1 by allowing the existing upholstered furniture (chairs and bar stools) to remain in use without modification based upon the approval listing to CA TB  117-2013. 
a.	The Board directs that this relief is applicable only to the furniture already purchased at the time of the appeal and that any future newly introduced furniture shall be code compliant. 
b.	The Board further directs that in consideration of the relief granted herein, the No Smoking, Hookah or Vaping policy be maintained as a permanent condition of this Decision. 
 
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)].