A hearing involving the above-captioned property was conducted on Tuesday, March 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: Vice-Chairperson Thornton and Commissioners Spaziani, ODonnell, Muto, Walsh, Horan & Mancini.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshals Charles Carr and James Bellamy of the East Providence Fire Marshals Office.
APPELLANT: Joe Eugenio, Joe Grillo and Wade Palazini.
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 Joe Eugenio (owner) of 59 Brightridge Avenue, East Providence, RI dated February 17, 2025.
3.	The Application was processed by the Board and Appeal  2025021 was filed on February 17, 2025.
4.	A hearing on the Application was conducted on March 25, 2025 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	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 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2025021 and are pertinent to the decision rendered:

1.	Appeal Application  FVA-25-21 submitted on February 17, 2025 and filed on February 17, 2025.
2.	East Providence Fire Marshals Office Inspection Report dated December 19, 2024.
3.	AHJs supplemental information package (14 pages) received February 12, 2025.
4.	AHJs supplemental information package (15 pages) received March 18, 2025.
5.	Appellants Plan of Action dated March 18, 2025.

EXHIBITS

The following documents were presented at the March 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 numbers of the determinations below correspond with those of the December 19, 2024 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Appellant and the East Providence Fire Marshals Office during the March 25, 2025 hearing on this matter.  Accordingly, the Board hereby incorporates the December 19, 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 building, classified as an assembly (organized dining facility) occupancy, consisting of approximately nine thousand (9,000) square feet (gross area) and originally built in 1954.
3.	The building is of Type III (200) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The Board finds that as an organized dining facility, the maximum occupant load of the facility has been calculated at one hundred thirty-three (133) persons on the lower level and one hundred sixty-four (164) persons on the upper level.
5.	There is no objection by the East 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.	This deficiency/violation has been corrected.
2.	This deficiency/violation has been corrected.
3.	This deficiency/violation has been corrected.
4.	MINIMUM CONSTRUCTION / LEVEL OF EXIT DISCHARGE: The Board hereby grants the Appellant a variance from the provisions of RILSC section 3.3.88.1 by allowing the both the lower and upper levels of the facility to be considered the level of exit discharge based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Appellant to comply with the following conditions:
a.	The Board hereby grants the Appellant a time variance of eighteen (18) months from the date of the decision to install an approved fire alarm system with emergency forces notification in accordance with section 9.6 throughout the facility.  The Board further directs that this system be deemed a required system and subject to all code required inspection, testing and maintenance requirements; and,
b.	The maximum occupant load of the facility shall be limited to and posted at one hundred (100) persons for the lower level and one hundred fifty (150) persons for the upper level.
5.	This deficiency/violation has been corrected.
6.	This deficiency/violation has been corrected.
7.	This deficiency/violation has been corrected.
8.	INTERIOR FINISH: 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 RILSC section 13.3.3.3 by developing and submitting a plan of action for the treatment of all Weldex wooden panels as part of the interior finish of the walls (upper portion) and ceilings of the facility with an approved fire-retardant coating (intumescent paint).  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 East Providence Fire Marshals Office.
9.	EXTINGUISHMENT: The Board hereby approves the Appellants plan of action as it relates to RILSC section 13.3.5.1.1, Exception1 wherein automatic sprinklers may be omitted and directs that the conditions set forth in  4 above shall be applicable thereto.
10.	This deficiency/violation has been corrected.

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 East Providence 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).

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)].