A hearing involving the above-captioned properties was conducted on Tuesday, February 25, 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: Commissioners Muto, Spaziani, Walsh, Horan & Mancini. 
AUTHORITY HAVING JURISDICTION [AHJ]: Deputy State Fire Marshal Daniel Hultquist of the State Fire Marshals Office. 
APPELLANT: Wade Palazini and Samuel Adams. 
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq. 
 
TRAVEL OF THE CASE 
 
1.	These are Applications 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 Applications were submitted by Wade Palazini (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard  Suite 1002, Warwick, RI dated September 20, 2024 and November 14, 2024. 
3.	The Applications were processed by the Board and Appeal  2024156-178 was filed on October 10, 2024 and  2024204-205 was filed on December 5, 2024. 
4.	The majority of these properties were previously before the Board on May 14, 2024 and are subject to Decisions  2024045-061 & 063-069 issued on June 5, 2024 [Talent Development Achievement House and University Village Apartments were not subject to that Decision]. 
5.	A hearing on the Applications was conducted on February 25, 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 Walsh 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  2024045-061 and 063-069 and are pertinent to the decision rendered: 
 
1.	Appeal Applications  FVA-24-156 through FVA-24-178 submitted on September 20, 2024 and filed on October 10, 2024 and  FVA-24-204 through FVA-24-205 submitted on November 14, 2024 and filed on December 5, 2024. 
a.	Letter of authorization [2024156-178] for Jensen Hughes from Ellen Reynolds dated September 19, 2024. 
b.	Letter of authorization [2024204-205] for Jensen Hughes from Ellen Reynolds dated December 4, 2024. 
2.	State Fire Marshals Office Inspection Reports: 
                  FILE :               PROPERTY:                                      REPORT :            SERVICE DATE: 
a.	2024156	Browning Hall			LSI-24-496		5/21/24 
b.	2024157	Bressler Hall			LSI-24-494		5/21/24 
c.	2024158	Fayerweather Hall			LSI-24-546		5/29/24 
d.	2024159	Adams Hall			LSI-24-491		5/21/24 
e.	2024160	Butterfield Hall			LSI-24-532		5/28/24 
f.	2024161	Barlow Hall			LSI-24-489		5/21/24 
g.	2024162	Gorham Hall			LSI-24-549		5/29/24 
h.	2024163	Burnside Hall			LSI-24-497		5/21/24 
i.	2024164	Brookside Hall			LSI-24-495		5/21/24 
j.	2024165	Hutchinson Hall			LSI-24-553		5/29/24 
k.	2024166	Peck Hall			LSI-24-555		5/29/24 
l.	2024167	Ellery Hall			LSI-24-544		5/28/24 
m.	2024168	Coddington Hall			LSI-24-534		5/28/24 
n.	2024169	Tucker Hall			LSI-24-557		5/29/24 
o.	2024170	Eddy Hall			LSI-24-536		5/28/24 
p.	2024171	Weldin Hall			LSI-24-558		5/29/24 
q.	2024172	Hillside Hall			LSI-24-551		5/29/24 
r.	2024173	Hopkins Hall			LSI-24-552		5/29/24 
s.	2024174	Wiley Hall			LSI-24-559		5/29/24 
t.	2024175	Garrahy Hall			LSI-24-547		5/29/24 
u.	2024176	Dorr Hall			LSI-24-535		5/28/24 
v.	2024177	TD Achievement House		LSI-24-556		5/29/24 
w.	2024178	Heathman Hall			LSI-24-550		5/29/24 
x.	2024204	University Village Apt.  4		LSI-24-540		8/28/24 
y.	2024205	University Village Apt.  7		LSI-24-537		8/28/24 
3.	Appellants plan of action [2024156-176 & 178] dated December 9, 2024. 
4.	Appellants plan of action [2024177] dated December 9, 2024. 
5.	Reschedule Notice dated December 19, 2024. 
6.	Appellants revised plan of action [2024156-176 & 178 and 204-205] dated January 27, 2025. 
7.	Reschedule Notice dated February 3, 2025. 
8.	Reschedule Notice dated February 12, 2025. 
 
EXHIBITS 
 
The following documents were presented at the February 25, 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 determinations below correspond with the January 27, 2025 plan of action reports compiled by the Appellant in response to the State Fire Marshals Office Life Safety Inspection Reports listed in  2 (a) through (y) above.  The above reports were utilized by the Board, the Appellant and the State Fire Marshals Office during the February 25, 2025 hearing on this matter.  Accordingly, the Board hereby incorporates by reference the December 9, 2024 and January 27, 2025 plan of action reports 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.	Additionally, the Board directs that any violation or deficiency self-identified within the plans of action and addressed by this Decision shall be subject to correction and enforcement by the AHJ as if cited by the AHJ directly. 
3.	The Board finds through the testimony of the parties that all deficiencies/violations have been corrected for the following properties and they are now in compliance: 2024156-159, 2024161-170, 2024172-176, 2024178 and 2024204-205. 
4.	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. 
 
2024160 / Butterfield Hall  1 Butterfield Road 
 
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.	This deficiency/violation has been corrected. 
7.	This deficiency/violation has been corrected. 
8.	EXTINGUISHMENT: The Board hereby grants the Appellant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 13.3.3.2 and NFPA 25 (2017) section 13.8.3 by providing a compliant sprinkler system fire department connection [FDC], at the direction and to the satisfaction of the State Fire Marshals Office. 
 
2024171 / Weldin Hall  170 Campus Avenue 
 
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.	This deficiency/violation has been corrected. 
7.	This deficiency/violation has been corrected. 
8.	This deficiency/violation has been corrected. 
9.	This deficiency/violation has been corrected. 
10.	This deficiency/violation has been corrected. 
11.	This deficiency/violation has been corrected. 
12.	EXTINGUISHMENT: The Board hereby grants the Appellant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 13.3.3.2 and NFPA 25 (2017) section 13.8.5 by providing documentation of a compliant sprinkler system fire department connection [FDC] test, at the direction and to the satisfaction of the State Fire Marshals Office. 
 
2024177 / Talent Development Achievement House  22 Upper College Road 
 
1.	This violation has been withdrawn  code compliant. 
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.	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 a variance from the provisions of RILSC section Table 7.2.2.2.1.1(b) by allowing the existing stair tread dimension to remain in use based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Appellant to restrict access to the third floor and to install a lockable door or gate at the second-floor level within six (6) months of the date of the decision, at the direction and to the satisfaction of the State Fire Marshals Office. 
9.	EGRESS: The Board hereby grants the Appellant a time variance of six (6) months from the date of the decision to comply with the provisions of RILSC section 7.2.2.4.5.6 by providing a compliant stair handrail (first to second floor), at the direction and to the satisfaction of the State Fire Marshals Office. 
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.	EXTINGUISHMENT: The Board hereby grants the Appellant a time variance of six (6) months from the date of the decision to comply with the provisions of RILSC section 29.3.5.3, NFPA 13 (2016) section 8.15.1.2.18.1 and NFPA 13R (2016) sections 6.6.5 & 6.6.5.1 by providing sprinkler protection for the roof overhang at the main entrance, at the direction and to the satisfaction of the State Fire Marshals Office. 
 
Finally, the Board hereby authorizes the State 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). 
 
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)].