A hearing involving the above-captioned properties was conducted on Tuesday, March 17, 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, Walsh, Horan & Mancini.
AUTHORITY HAVING JURISDICTION [AHJ]: Assistant Deputy State Fire Marshal Joshua Martin of the West Warwick Fire Marshals Office.
APPELLANT: Laurie Swanson and Fire Chief Jeffrey Varone.
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 Applications were submitted by Laurie Swanson (authorized representative) of Town of West Warwick, 100 Factory Street, West Warwick, RI dated January 2, 2026 [Civic Center] and February 12, 2026 [Ice Rink].
3.	The Applications were processed by the Board and Appeal  2026001 & 2026020 were filed on February 12, 2026.
4.	The property was previously before the Board on or about April 15, 2008 at which time Decision  070347 was issued dated July 8, 2008.
5.	A hearing on the Applications was conducted on March 17, 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 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2026001 & 2026020 and are pertinent to the decision rendered:

1.	Appeal Application  FVA-26-1 submitted on January 2, 2026 and filed on February 12, 2026.
2.	Appeal Application  FVA-26-20 submitted on February 12, 2026 and filed on February 12, 2026.
3.	West Warwick Fire Marshals Office Inspection Reports  LSI-25-198 & LSI-25-199 dated December 8, 2025.

EXHIBITS

The following documents were presented at the March 17, 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 8, 2025 inspection reports compiled by the West Warwick Fire Marshals Office.  The above reports were utilized by the Board, the Appellant and the West Warwick Fire Marshals Office during the March 17, 2026 hearing on this matter.  Accordingly, the Board hereby incorporates the December 8, 2025 inspection reports 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.

CIVIC CENTER [2026001]
2.	The building is an existing 1-story above grade building without a basement level, classified as an assembly occupancy, consisting of approximately thirty-four thousand four hundred eight (34,408) square feet (gross area) and originally built in 1965.
3.	The building is of Type II (111) construction, has a compliant fire alarm system with emergency forces notification and is provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the facility has been calculated at one thousand five hundred seventy-two (1,572) persons.
5.	The Board finds through the testimony of the parties that the following deficiencies/violations have been corrected:  3  8.

ICE RINK [2026020]
6.	The building is an existing 1-story above grade building without a basement level, classified as an assembly occupancy, consisting of approximately thirty-two thousand two hundred seventy-two (32,272) square feet (gross area) and originally built in 1965.
7.	The building is of Type II (111) construction, has a compliant fire alarm system with emergency forces notification and is provided with an approved automatic sprinkler system.
8.	The maximum occupant load of the facility [bleachers] has been calculated at five hundred seventy-four (574) persons.
9.	The Board finds through the testimony of the parties that the following deficiencies/violations have been corrected:  3 & 5  7.

10.	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.

CIVIC CENTER [2026001]

1.	MINIMUM CONSTRUCTION REQUIREMENTS: The Board hereby grants the Appellant a continued stay on further enforcement [450-RICR-00-00-1.7.2(A)] of the provisions of RILSC section 13.1.6 by allowing the parties to engage in further review and discussion to determine if the existing conditions constitute a violation wherein either withdrawal of the violation by the AHJ shall occur or compliance by the Appellant shall be required.  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/or relief be required as it relates to this violation.
2.	FIRE PROTECTION SYSTEMS: 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 RIFC section 13.4.2.1.1.5 by removing all non-compliant storage and equipment from the fire pump room of this facility, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.

ICE RINK [2026020]
1.	MINIMUM CONSTRUCTION REQUIREMENTS: The Board hereby grants the Appellant a continued stay on further enforcement [450-RICR-00-00-1.7.2(A)] of the provisions of RILSC section 13.1.6 by allowing the parties to engage in further review and discussion to determine if the existing conditions constitute a violation wherein either withdrawal of the violation by the AHJ shall occur or compliance by the Appellant shall be required.  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/or relief be required as it relates to this violation.
2.	This deficiency/violation has been withdrawn by the AHJ.
4.	FIRE ALARM: The Board hereby grants the Appellant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 13.3.4.2.1, 9.6.2.3 and 9.6.2.4 by providing a manual fire alarm box(es) at the Side D entry doors on the right side of this facility, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.


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)].