A hearing involving the above-captioned property was conducted on Tuesday, November 4, 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 ODonnell, Spaziani, Walsh & Horan.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshal April Kuzdeba of the Providence Fire Marshals Office.
APPELLANT: James Niewiarowski, Marcel Merwin and Jason Quinn.
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 Gilbert Winn (authorized representative) of WDP Management Corporation, One Washington Mall  Suite 500, Boston, MA dated September 29, 2025.
3.	The Application was processed by the Board and Appeal  2025137 and 2025145  150 was filed on October 24, 2025.
4.	A hearing on the Application was conducted on November 4, 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  2025137 and 2025145 through 2025150 and are pertinent to the decision rendered:

1.	Appeal Application  FVA-25-137 and FVA-25-145  150 submitted on September 29, 2025 and filed on October 24, 2025.
a.	Attached Plan of Action dated September 22, 2025.
b.	Drawings (2 pages) dated January 10, 2023.
c.	Letter of authorization for James Niewiarowski, Marcel Merwin and Jason Quinn from Gilbert Winn dated October 27, 2025.
2.	Appellants request for expedited hearing dated October 20, 2025.
3.	Providence Fire Marshals Office Plan Review Report dated October 21, 2025.

EXHIBITS

The following documents were presented at the November 4, 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 determination below corresponds with the September 22, 2025 plan of action report compiled by the Appellant.  The above report was utilized by the Board, the Appellant and the Providence Fire Marshals Office during the November 4, 2025 hearing on this matter.  Accordingly, the Board hereby incorporates the September 22, 2025 plan of action 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 properties before the Board on appeal consist of seven (7) existing 3-story above grade townhouse-style buildings [buildings identified as  2 through  8], originally built in 1978.
3.	The Board finds through the testimony of the parties that each of the buildings are provided with bedrooms located on the third floor where the windows for escape exceed twenty (20) feet of the finished ground level [approximately twenty-two (22) feet].
4.	The Board finds through the testimony of the AHJ that the Providence Fire Department has both aerial rescue apparatus and ground ladders capable of directly accessing the windows at issue.
5.	The Board further finds that this deficiency was self-identified by the Appellant as part of a proactive fire and life safety evaluation conducted for the purpose of construction refinancing.
6.	There is no objection by the 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.	The Board hereby grants the Appellant a variance from the provisions of RILSC sections 31.2.1.2 and 24.2.2.3.3 by allowing the existing third floor bedroom windows to remain in use without modification based upon a structural hardship.  In granting this relief, the Board approves these windows as directly accessible to fire department rescue apparatus as set forth in RILSC section 24.2.2.3.3(2).

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)].