A hearing involving the above-captioned property was conducted on Tuesday, December 2, 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 ODonnell, Muto Walsh & Horan.
AUTHORITY HAVING JURISDICTION [AHJ] Deputy State Fire Marshal Daniel Hultquist and Chief Deputy State Fire Marshal David Pastore of the State Fire Marshals Office.
APPELLANT: Wade Palazini and Brother Ronald Hingle, S.C.
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 Pamela OBrien (authorized representative) of Brothers of the Sacred Heart, 685 Steere Farm Road, Pascoag, RI dated August 11, 2025.
3.	The Application was processed by the Board and Appeal  2025116 was filed on August 13, 2025.
4.	A hearing on the Application was conducted on December 2, 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 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2025116 and are pertinent to the decision rendered:

1.	Appeal Application  FVA-25-116 submitted on August 11, 2025 and filed on August 13, 2025.
a.	Letter of authorization for Pamela OBrien from Brother Ronald Hingle dated August 11, 2025.
2.	State Fire Marshals Office Inspection Report  LSI-25-586 dated July 16, 2025.
3.	Appellants request for continuance [email] dated September 11, 2025.
4.	Reschedule Notice dated September 12, 2025.
5.	Appellants request for continuance [email] dated October 7, 2025.
6.	Reschedule Notice dated October 8, 2025.
7.	Appellants supporting documents (2 pages) dated November 21, 2025 and received on November 24, 2025.
8.	Appellants Plan of Action dated November 24, 2025.


EXHIBITS

The following documents were presented at the December 2, 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 July 16, 2025 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Appellant and the State Fire Marshals Office during the December 2, 2025 hearing on this matter.  Accordingly, the Board hereby incorporates the July 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 2-story above grade building with a basement level, classified as a multiple/mixed use [assembly/worship and residential] occupancy, consisting of approximately sixty thousand nine hundred six (60,906) square feet (gross area) and originally built in 1960.
3.	The building is of Type II (000) construction, has an approved partial fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
4.	The Board finds through the testimony of the parties that the facility has the capacity to provide accommodations for up to twenty-four (24) persons but currently maintains a census of only thirteen (13) residents with a proposed cap of sixteen (16) residents.
5.	The Board finds through the testimony of the parties that due the unique nature of the residence and its residents, the size and construction of the facility and the level of fire protection features provided, that neither classification of residential board & care (as determined by the AHJ) or congregate family living facility (as proposed by the Appellant) is the most appropriate classification for this facility.
6.	There is no objection by the State 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 directs that the Notice of Violation dated July 16, 2025 referencing inspection  LSI-25-586 is hereby vacated and further directs that the AHJ reclassify the occupancy and conduct a subsequent re-inspection of the facility consistent with these proceedings.
2.	The Board further directs that this file may be reopened if necessary, in order to allow the Applicant to return in the future should additional issues be identified and relief be required pursuant to the new classification and inspection.

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)].