Request of the Providence Fire Prevention Division:  Assistant Deputy State Fire Marshal and Inspector Susan L. Hawksley of the Providence Fire Prevention Division, on behalf of the fire safety code inspectors in the State, has asked the Board whether the language of Section 6-2-24 of the Boards Rules and Regulations would render all variances throughout the State void with the adoption of the newer edition of the NFPA fire codes? 

Determination of the Board:  By Board Directive, pursuant to Section 6-2-24, the variances granted under the provisions of the 2003 Editions of NFPA 1 and 101 were not rendered void by the adoption of the 2012 Editions of NFPA 1 and 101, and these original variances shall remain in full force and effect under the recently adopted 2012 Code. 

Discussion:	Section 6-2-24 was initially adopted by the Board in 2003, in part, to address the significant disparity between the  grandfathering of existing building and structures, under the original statutory code, and the then-newly-established existing occupancy requirements of the 2003 Editions of NFPA 1 and 101.  Section 6-2-24 specifically states:

In the event of complete, timely and continued compliance with the full decision of the Board of Appeal & Review, all variances shall be deemed vested in the facility as long as the facility remains within the occupancy classification reviewed by the Board of Appeal & Review.  If the new use or occupancy of the facility changes, or the General Assembly adopts new standards covering all existing occupancies, the variances shall then be considered voided unless preserved by statute and/or Board directive.    

Upon review of the above 2003 and 2012 NFPA Codes, the Board notes that the recently adopted existing provisions of 2012 Editions of NFPA 1 and 101 do not differ significantly from the provisions of the 2003 Editions of NFPA 1 and 101.  The Board further notes that it would be a significant hardship to both the general public and the fire service if it were determined that all variances, granted under these similar codes over the past ten (10) years, were now suddenly void.  Finally, the Board notes that Section 6-2-24 specifically preserves the Boards right to remedy this situation by Board Directive. 

Conclusion:	By Board Directive, pursuant to Section 6-2-24, the variances granted under to the 2003 Editions of NFPA 1 and 101 were not rendered void by the adoption of the 2012 Editions of NFPA 1 and 101 and these variances shall remain in full force and effect.