A hearing involving the above-captioned property was conducted on Tuesday, March 24, 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 ODonnell, Spaziani, Walsh & Horan. 
AUTHORITY HAVING JURISDICTION [AHJ]: Chief Deputy State Fire Marshal David Pastore and Deputy State Fire Marshal Robbie Lopez of the State Fire Marshals Office and Attorney Sara Tindall-Woodman. 
APPELLANT: Derek Therien and Attorneys George Cappello & Steven Polin. 
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 Derek Therien (owner) of 8 Nicole Lane, Johnston, RI dated April 30, 2025. 
3.	The Application was processed by the Board and Appeal  2025061 was filed on May 2, 2025. 
4.	A hearing on the Application was conducted on March 24, 2026 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, arguments of counsel and of the entire record presented to the Board, and after carefully reviewing such information, motions were made as follows: 
a.	Motion  1 was made by Vice-Chair Thornton and seconded by Commissioner Walsh to grant the Appellant the relief as outlined herein as it relates to deficiency/violation  4.  The motion passed on a 6 to 0 vote. 
b.	Motion  2 was made by Commissioner ODonnell and seconded by Commissioner Spaziani to deny the Appellant the requested relief as outlined herein as it relates to deficiency/violation  3.  The motion passed on a 6 to 0 vote. 
c.	Motion  2 amended was made by Commissioner ODonnell and seconded by Commissioner Spaziani to grant the Appellant the relief as outlined herein as it relates to deficiency/violation  3.  The motion passed on a 6 to 0 vote. 
 
RECORD OF THE CASE 
 
The following documents are part of the administrative record for Appeal  2025061 and are pertinent to the decision rendered: 
 
1.	Appeal Application  FVA-25-61 submitted on April 30, 2025 and filed on May 2, 2025. 
a.	Appellants Letter of Appeal dated April 30, 2025. 
b.	Appellants Appeal Memorandum (14 pages) dated April 29, 2025. 
2.	State Fire Marshals Office Inspection Report  LSI-25-339 dated April 4, 2025. 
3.	Appellants request for continuance dated May 22, 2025. 
4.	Reschedule Notice dated May 27, 2025. 
5.	Appellants request for continuance dated August 12, 2025. 
6.	Reschedule Notice dated August 13, 2025. 
7.	Appellants request for continuance dated October 23, 2025. 
8.	Reschedule Notice dated October 24, 2025. 
9.	Appellants request for continuance dated January 7, 2026. 
10.	Reschedule Notice dated January 30, 2026. 
11.	Appellants Fire Protection Analysis of 694-696 Park Ave, Cranston, RI (29 pages) received March 17, 2026. 
12.	Appellants email(s) and RI District Court Order for Pro Hac Vice Admission of Attorney Steven G. Polin (6 pages) received March 16, 2026. 
 
EXHIBITS 
 
The following documents were presented at the March 24, 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 April 4, 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 March 24, 2026 hearing on this matter.  Accordingly, the Board hereby incorporates the April 4, 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 3-story above grade building with a basement level, classified as a lodging or rooming house occupancy, consisting of approximately three thousand three hundred ninety-three (3,393) square feet1 (gross area) [as determined by the AHJ] and originally built in 1920. 
3.	The building originated as a two-family dwelling and is of Type V (000) construction, does not have a fire alarm system and is not provided with an automatic sprinkler system. 
4.	The Board finds through the testimony of the Appellant that hard-wired, interconnected smoke alarms and carbon monoxide (CO) alarms are provided in the building. 
5.	The Board finds through the testimony of the Appellant that the maximum capacity of the facility has been established at sixteen (16) persons and that there are currently no non-ambulatory residents.  The Board further finds that each of the residents pays rent individually for the duration of their tenancy. 
6.	The Board finds through the testimony of the Appellant that the facility has been certified as a recovery house in accordance with The Rhode Island Communities for Addiction Recovery Efforts (RICARES).  The Board further finds that the facility is not licensed in any capacity by the State of Rhode Island, nor is it required to do so. 
7.	The Board finds through the testimony of the Appellant that the following factors are applicable to the facility: 
a.	The owner is in the process of removing all existing locks from bedroom doors; 
b.	The residents of the facility live, cook, and function together as a single unit and develop individual social relationships among themselves through day-to-day interactions; 
c.	The average length of stay for residents is between six (6) months to one (1) year however there have been resident stays as short as thirty (30) days and as long as seven (7) years; 
d.	There is an unpaid house manager who manages day-to-day ministerial duties such as collecting rents and maintaining supplies.  The person currently in this position also maintains full-time private employment outside of the facility; 
e.	The facility maintains a No Smoking or Open Flames policy for inside the building and within twenty-five (25) feet of the building; and, 
f.	The facility maintains a limited visitation policy where outsiders are permitted on a selective basis. 
8.	The Board finds that the facility does not meet the burden for classification as a single-family dwelling utilizing the concept of a functionally equivalent family as the tenets of communication, openness and awareness have not been demonstrated, particularly as it relates to self-preservation vs. the safety of others in an emergency situation. 
9.	The Board finds that the facility does meet the burden for classification as congregate family living facility utilizing the concept of a single housekeeping unit, allowing considerable relief from the full requirements necessary for a lodging or rooming house. 
10.	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.	This deficiency/violation has been corrected. 
2.	This deficiency/violation has been corrected. 
3.	FIRE ALARM SYSTEM: The Board hereby denies the Appellants requested relief to waive the requirements of RILSC section 26.1.1.1.8.3(1) and hereby grants the Appellant a time variance of thirty (30) days from the date of to comply with the provisions of RILSC section 26.3.4.1.1 by developing and submitting a plan of action to the AHJ for the installation of an approved fire alarm system in accordance with section 9.6 throughout the facility.  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 State Fire Marshals Office. 
4.	OCCUPANCY CLASSIFICATION: The Board hereby grants the Appellant a variance from the provisions of RILSC section 26.1.1.1.8 by allowing the existing height [ 2 stories] & area [ 2,500 gsf]2 and origin [private residence] parameters to remain, allowing the building to be classified as a Congregate Family Living Facility. 
 
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)].