A hearing involving the above-captioned property was conducted on Tuesday, June 3, 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, Muto & Mancini. 
AUTHORITY HAVING JURISDICTION [AHJ]: State Fire Marshal Randall Watt of the Little Compton Fire Marshals Office. 
APPELLANT: Patrick McHugh and Raymond Gomes. 
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 original Application was submitted by Robert Mushen (authorized representative) of Town of Little Compton, 40 Commons, Little Compton, RI dated September 16, 2024. 
3.	The Application was processed by the Board and Appeal  2024153 was filed on September 17, 2024. 
4.	A hearing on the Application was conducted on November 19, 2024 at 1:00 PM before the Fire Safety Code Board of Appeal and Review and Decision  2024153 was issued dated December 4, 2024. 
5.	As permitted by the above Decision, a request for reconsideration was submitted by the new Appellant dated May 13, 2025. 
6.	A subsequent hearing on the Application was conducted on June 3, 2025 at 1:00 PM before the Fire Safety Code Board of Appeal and Review. 
7.	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 Chairperson Blackburn and seconded by Commissioners O'Donnell and Spaziani to grant the Appellant the relief as outlined herein.  The motion passed on an 6 to 0 vote. 
 
RECORD OF THE CASE 
 
The following documents are part of the administrative record for Appeal  2024153A and are pertinent to the decision rendered: 
 
1.	Appeal Application  FVA-24-153 submitted on September 16, 2024 and filed on September 17, 2024. 
a.	Letter of authorization for Robert Mushen from Carol Wordell dated September 16, 2024. 
2.	Little Compton Fire Marshals Office Inspection Report dated July 23, 2024. 
3.	Little Compton Fire Marshals Office Supplemental Inspection Report dated September 18, 2024. 
4.	Appellants Plan of Action letter dated November 12, 2024. 
5.	Decision  2024153 dated December 4, 2024. 
6.	Appellants revised plan of action letter dated May 13, 2025. 
 
 
EXHIBITS 
 
The following documents were presented at the June 3, 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 findings of Decision  2024153.  The above Decision was utilized by the Board, the Appellant and the Little Compton Fire Marshals Office during the June 3, 2025 hearing on this matter.  Accordingly, the Board hereby incorporates the December 4, 2024 Decision 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 2-story above grade building, classified as an assembly occupancy, consisting of approximately three thousand three hundred fifty (3,350) square feet (gross area) and originally built in 1840. 
3.	The building is of Type V (000) construction, an approved (with deficiencies) fire alarm system and not provided with an approved automatic sprinkler system. 
4.	There is no objection by the Little Compton 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 time variance of one (1) year from the date of the decision to correct all outstanding deficiencies/violations [ 1, 5-6, 18 & 20], at the direction and to the satisfaction of the Little Compton Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Appellant to comply with the following conditions: 
a.	There shall be no use of the 2nd floor until such time that all deficiencies/violations are corrected; 
b.	The use of the first floor shall be limited to that described in the Appellants May 13, 2025 plan of action letter until such time that all deficiencies/violations have been corrected; and, 
c.	The Appellant shall provide fire alarm system emergency forces notification [radio master box] within sixty (60) days of the date of the decision, at the direction and to the satisfaction of the Little Compton Fire Marshal's Office. 
 
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 Little Compton 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)].