As indicated in the file, a hearing involving the above-captioned property was conducted on April 15, 2014 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.

	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Burlingame, Jackson, Pearson, Richard, Sylvester, Thornton and Walker.

Department of Administration Deputy Chief Legal Counsel Peter N. Dennehy.

AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Peter J. Marietti, III of the Warwick Fire Marshals Office.
APPLICANT: Mr. Michael Integlia, Jr. and Mr. Michael Integlia, III.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Mr. Michael Integlia (Applicant) of 220 South Main Street, Providence, RI on February 25, 2014.
3.	The Application was received by the Board and File  140022 opened on February 28, 2014.
4.	A hearing on the Application was conducted on April 15, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion passed on a 9 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal 140022 and are pertinent to the decision rendered:

1.	Variance Application 140022 dated February 25, 2014 and filed on February 28, 2014.
2.	Warwick Fire Marshals Office Inspection Report dated January 31, 2014.
3.	Letter sent by ADSFM Peter J. Marietti, III of the Warwick Fire Marshals Office to Michael Integlia & Co. dated January 31, 2014.
4.	Reschedule Notice dated March 20, 2014.

EXHIBITS

The following documents were presented at the April 15, 2014 hearing as exhibits:

1.	Google Earth photograph of the property location.

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 Finding of Fact:

1.	The numbers of the Decision below correspond with those of the January 31, 2014 inspection report compiled by the Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the April 15, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the January 31, 2014 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
2.	The building is an existing 3-story multiple/mixed occupancy consisting of business and industrial occupancies.
3.	The building is of type II construction with a non-functioning sprinkler system and limited, non-compliant fire alarm protection.
4.	The fire protection water supply for the Elizabeth Mill has been shut off at the exterior PIV interface, which can be activated by responding fire personnel to an emergency.
5.	The Elizabeth Mill structure of this complex is currently vacant and the site is enclosed by a secure chain-link fence.
6.	There are currently no active utilities in the Elizabeth Mill structure, however limited electrical service is being provided via a feed from an adjacent space.
7.	The Elizabeth Mill structure is separated from adjacent spaces by fire-resistance rated assemblies and that there is no egress through this space by other tenants.
8.	The owner is currently conducting a reuse vs. demolition financial analysis for the structure in conjunction with the Warwick Planning Department at which time a final plan of action for the structure will be developed.
9.	There is no objection by the Warwick Fire Marshals Office to the granting of the relief outlined herein.

DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant a time variance of seven (7) days from the date of this hearing to comply with the provisions of NFPA 101 (2012) section 10.13.2.2 by having the existing sprinkler system functionally tested to determine its operational status.
2.	The Board grants the Applicant a total of thirty (30) days from the date of this hearing to effectuate any necessary repairs to bring the sprinkler system into an operational condition.
3.	The Board grants the Applicant a time variance until May 20, 2014 to develop a plan of action in conjunction with the Warwick Fire Marshals Office and to return to the Board on that date for further proceedings as necessary.

The Board hereby authorizes the Warwick Fire Marshals Office to extend the above timelines for good faith efforts being demonstrated by the applicant in the event of unforeseen conditions.

Finally, the Board hereby directs that the file is to remain open until such time that a final determination for compliance is made.


STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision 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 Applicants 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: Board Rules and Regulations, section 6-2-17).
2.	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  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 Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).
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 R.I.G.L. 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:  Board Rules and Regulations, section 6-2-20).
4.	The Applicant 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.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].