A hearing involving the above-captioned property was conducted on Tuesday, April 29, 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 Muto, Walsh, Horan & Mancini. 
AUTHORITY HAVING JURISDICTION [AHJ]: State Fire Marshals Charles Carr II and James Bellamy of the East Providence Fire Marshals Office. 
APPELLANT: Joe Eugenio, Joseph Grilo 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 (authorized representative) of Holy Ghost Brotherhood of Charity, 257 Aquidneck Street, New Bedford, MA dated December 31, 2024. 
3.	The Application was processed by the Board and Appeal  2024222 was filed on January 10, 2025. 
4.	The matter was initially before the Board on March 25, 2025 at which time it was continued without a finding to allow the Appellant to review and revise their plan of action. 
5.	A subsequent hearing on the Application was conducted on April 29, 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 Muto 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  2024222 and are pertinent to the decision rendered: 
 
1.	Appeal Application  FVA-24-222 submitted on December 31, 2024 and filed on January 10, 2025. 
2.	East Providence Fire Marshals Office Inspection Report dated December 19, 2024. 
3.	AHJs supplemental supporting documents (14 pages) received February 12, 2025. 
4.	Appellants request for a continuance dated [undated] received February 14, 2025. 
5.	Reschedule Notice dated February 17, 2025. 
6.	AHJs supplemental supporting documents (15 pages) received March 18, 2025. 
7.	Appellants Plan of Action dated March 18, 2025. 
8.	Reschedule Notice dated March 26, 2025. 
 
EXHIBITS 
 
The following documents were presented at the April 29, 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 April 29, 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 1-story building without a basement, classified as an assembly (organized dining facility) occupancy, consisting of approximately six thousand two hundred forty-one (6,241) square feet (gross area) and originally built in the 1954. 
3.	The building is of Type III (200) construction, an approved (with deficiencies) fire alarm system and 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 eighty-six (186) persons and adjusted upward to two hundred (200) persons. 
5.	The Board finds through the agreement of the parties that the following deficiencies/violations have been corrected:  4-8, 10-11, 13-18, 20 and 22. 
6.	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.	EXTINGUISHMENT: The Board hereby incorporates by reference and approves the Appellants plan of action to classify the building as an organized dining facility and calculate the occupant load at one (1) person per fifteen (15) square feet wherein automatic sprinkler protection shall not be required.  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 thirty (30) days from the date of to submit plans for the installation of 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.  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. 
b.	The maximum occupant load of the facility shall be limited to and posted at two hundred (200) persons. 
2.	This deficiency/violation will be corrected with the completion of item  1, above. 
3.	This deficiency/violation will be corrected with the completion of item 1, above. In consideration of the relief granted herein, the Board directs that the provisions of RILSC section 9.6.2.12 may be utilized to modify the type of detection appropriate to the environment.  
9.	COMMERCIAL COOKING: The Board hereby grants the Appellant a time variance of two (2) years from the date of to comply with the provisions of RILSC sections 13.3.2.2 and 9.2.3 and NFPA 96 (2017) by providing an approved Type 1 hood and exhaust system for the main kitchen cooking operation, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Appellant to comply with the following conditions: 
a.	Use of the kitchen shall be limited to a low-volume cooking operation of not more than twelve (12) times per year; 
b.	The existing fryolator shall be removed from service and not utilized until such time that a compliant system is provided; and, 
c.	Inspection and cleaning of the system shall be performed semiannually until such time that a compliant system is provided. 
12.	This is no longer a deficiency/violation and will be incorporated into item  1, above. 
19.	EGRESS: The Board hereby grants the Appellant a variance from the provisions of RILSC section 7.2.5.3(2) by allowing the existing ramp serving the exterior storage room to remain in use without modification based upon a structural hardship.  In granting this relief, the Board acknowledges that the use of this ramp is limited to facility staff only and that there is no public access. 
21.	The Board finds that this hazard has been removed and will be relocated to a code compliant location. 
 
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)].