A hearing involving the above-captioned property was conducted on Tuesday, June 10, 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 ODonnell, Muto, Spaziani, Walsh, Horan & Mancini.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshal Robert Robin of the Pawtucket Fire Marshals Office.
APPELLANT: Marilyn Joaquin.
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 Marilyn Joaquin (authorized representative) of 339 Weeden Street / 341 Lonsdale Avenue, Pawtucket, RI dated May 14, 2025.
3.	The Application was processed by the Board and Appeal  2025063 was filed on May 19, 2025.
4.	A hearing on the Application was conducted on June 10, 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 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2025063 and are pertinent to the decision rendered:

1.	Appeal Application  FVA-25-63 submitted on May 14, 2025 and filed on May 19, 2025.
a.	Letter of authorization for Marilyn Joaquin from Mukesh Tandon dated May 15, 2025.
2.	Pawtucket Fire Marshals Office Inspection Report dated April 16, 2025.

EXHIBITS

The following documents were presented at the June 10, 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 April 16, 2025 inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board, the Appellant and the Pawtucket Fire Marshals Office during the June 10, 2025 hearing on this matter.  Accordingly, the Board hereby incorporates the April 16, 2025 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 1-story above grade building without a basement level, classified as a mercantile occupancy, consisting of approximately four thousand seven hundred fifty-two (4,752) square feet (gross area) and originally built in 1924.
3.	The building is of Type III (200) construction, has an approved (with deficiencies) fire alarm system and is not provided with an approved automatic sprinkler system.
4.	There is no objection by the Pawtucket 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.	COMMERCIAL COOKING: 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 37.3.2.4 by developing and submitting a plan of action for the installation of an approved commercial cooking hood and exhaust system in accordance with NFPA 96 (2017).  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 Pawtucket Fire Marshals Office.
5.	This deficiency/violation will be corrected with the completion of item  4, above.  In consideration of the relief granted herein, the Board directs the Appellant to discontinue all use of the convection oven until all deficiencies/violations have been corrected.
6.	The Board hereby grants the Appellant a time variance of seven (7) days from the date of the decision to comply with the provisions of RILSC section 37.3.2.4 by repairing or replacing all noncompliant cooking equipment, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
7.	This deficiency/violation has been corrected.
8.	This deficiency/violation has been corrected.
9.	This deficiency/violation has been corrected.
10.	UTILITIES: The Board hereby grants the Appellant the time variance outlined in item 4 above to comply with the provisions of RIFC section 11.1.5.6 by removing all extension cords used as permanent wiring, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
11.	This deficiency/violation has been corrected.
12.	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 Pawtucket 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)].