A hearing involving the above-captioned properties was conducted on Tuesday, January 6, 2026 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, Spaziani, Walsh, Horan & Mancini. 
AUTHORITY HAVING JURISDICTION [AHJ]: Deputy State Fire Marshal Daniel Hultquist of the State Fire Marshals Office. 
APPELLANT: Nathaniel Ginsburg and Samuel Adams. 
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq. 
TRAVEL OF THE CASE 
 
1.	These are Applications 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 Applications were submitted by Nathaniel Ginsburg (authorized representative) of Brewster Thornton Group, 317 Iron Horse Way, Providence, RI dated December 23, 2025. 
3.	The Applications were processed by the Board and Appeals  2025189  192 were filed on December 30, 2025. 
4.	The properties were previously before the Board on or about May 14, 2024 at which time Decisions  2024067, 2024064, 2024065 & 2024066 were issued dated June 6, 2024. 
5.	A hearing on the Applications was conducted on January 6, 2026 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 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 Appeals  2025189-192 and are pertinent to the decision rendered: 
 
1.	Appeal Applications  FVA-25-189 through 192 submitted on December 23, 2025 and filed on December 30, 2025. 
a.	Attached Plan of Action dated December 23, 2025. 
i.	Drawing SKA-3 [Tucker] dated December 23, 2025. 
ii.	Drawing SKA-2 [Hutchinson] dated December 23, 2025. 
iii.	Drawing SKA-1 [Merrow] dated December 23, 2025. 
iv.	Drawing SKA-4 [Peck] dated December 23, 2025. 
b.	Attached Request for Expedited Hearing dated December 23, 2025. 
c.	Letter of authorization for Nathaniel Ginsburg from Kenneth Burke, PE dated December 12, 2025. 
2.	State Fire Marshals Office Inspection Reports (LSI-23-413, LSI-23-409, LSI-23-410, LSI-23-411) dated September 1, 2023. 
3.	Decisions  2024067, 2024064, 2024065 & 2024066 dated June 6, 2024. 
 
 
EXHIBITS 
 
The following documents were presented at the January 6, 2026 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 1, 2023 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 January 6, 2026 hearing on this matter.  Accordingly, the Board hereby incorporates the September 1, 2023 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 properties were previously before the Board on or about May 14, 2024 at which time Decisions  2024067, 2024064, 2024065 & 2024066 were issued dated June 6, 2024 granting the Appellant a time variance of two (2) years to correct the cited deficiency/violation. 
3.	The Board finds that during the remedial process it was determined that strict compliance with RILSC section 7.2.2.4.6 is not practical due to physical constraints of the existing dimensional field conditions. 
4.	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.	EGRESS: The Board hereby grants the Appellant a variance from strict compliance with the provisions of RILSC section 7.2.2.4.6 by allowing the proposed design as set forth in the December 23, 2025 plan of action to be implemented without modification based upon a structural hardship. 
 
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)].