A hearing involving the above-captioned property was conducted on Tuesday, March 3, 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: Chairperson Blackburn, Vice-Chairperson Thornton and Commissioners Walsh, Horan & Mancini.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshal Adam Marcotte of the West Warwick Fire Marshals Office.
APPELLANT: Michael Nolin.
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 Michael Nolin (owner) of 11 Seminole Trail, West Greenwich, RI dated January 6, 2026.
3.	The Application was processed by the Board and Appeal  2026002 was filed on January 7, 2026.
4.	The property was previously before the Board on or about March 11, 2008 at which time Decision  060669 was issued dated June 13, 2008.
5.	A hearing on the Application was conducted on March 3, 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 Vice-Chair Thornton 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  2026002 and are pertinent to the decision rendered:

1.	Appeal Application  FVA-26-2 submitted on January 6, 2026 and filed on January 7, 2026.
2.	West Warwick Fire Marshals Office Inspection Report dated December 22, 2025.
3.	West Warwick Fire Marshals Office updated Inspection Report [34 pages] received February 5, 2026.
4.	Reschedule Notice dated February 10, 2026.

EXHIBITS

The following documents were presented at the March 3, 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 numbers of the determinations below correspond with those of the December 22, 2025 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Appellant and the West Warwick Fire Marshals Office during the March 3, 2026 hearing on this matter.  Accordingly, the Board hereby incorporates the December 22, 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 hotel occupancy, consisting of approximately eight thousand three hundred sixty-four (8,364) square feet (gross area) and originally built in 1910.
3.	The building is of Type III (200) construction, has a compliant fire alarm system with emergency forces notification and is provided with a partial approved automatic sprinkler system.
4.	The Board finds through the testimony of the parties that the tenant of Room  6 has been living in a hoarding condition [Violation  6] for some time now and been generally unresponsive to all requests for attaining compliance.
5.	The Board further finds that the tenancy agreements for the rooms of this facility are periodic, on a week-by-week basis.
6.	There is no objection by the West Warwick 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.	PROTECTION FROM HAZARDS: The Board hereby grants the Appellant a time variance of two (2) weeks from the date of the decision to comply with the provisions of RILSC section 29.3.2.2.2 by removing all excess combustibles from the basement storage area, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
2.	PROTECTION FROM HAZARDS: The Board hereby grants the Appellant a variance from the provisions of RILSC section 29.3.2.2.2 by allowing the existing non-metal trash cans [previously required by Decision  060669] to remain in use without modification based upon the provided sprinkler coverage and the unavailability of metal containers in the required configuration for trash removal services.
3.	This deficiency/violation has been corrected.
4.	This deficiency/violation has been corrected.
5.	This deficiency/violation has been corrected.
6.	STORAGE OF COMBUSTIBLES: The Board hereby grants the Appellant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RIFC sections 10.18.1 and 10.18.3 by reducing the excessive amounts of combustible materials in Room  6 to an acceptable level, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Appellant to issue written notice and commence eviction proceedings against this non-compliant tenant if a satisfactory resolution is not reached by the end of the relief period granted.  In issuing this directive, the Board is cognizant of the societal implications of an eviction proceeding during the winter months, however this dangerous condition cannot endlessly continue as it puts all other tenants of the building at risk and in harms way.
7.	This deficiency/violation has been corrected.
8.	This deficiency/violation has been corrected.
9.	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).

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)].