As indicated in the file, a hearing involving the above-captioned property was conducted on May 6, 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, Vice-Chairperson Filippi and Commissioners Blackburn, Booth, Burlingame, Jackson, Richard, and Thornton.
Department of Administration Deputy Chief Legal Counsel Peter N. Dennehy.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Keith Maine of the Providence Fire Marshals Office.
APPLICANT: Natividad Mercedes (authorized representative).

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 Mario Mancebo (Agent) of 663 Charles Street, Providence, RI on October 17, 2013.
3.	The Application was received by the Board and File 130178 opened on October 23, 2013.
4.	The matter was previously heard by the Board on November 5, 2013 at which time Decision 130178 was issued dated December 4, 2013.
5.	On February 20, 2014 the Providence Fire Marshals Office requested that the file be re-opened as it relates to the issue of the required separation and emergency forces notification.
6.	A hearing on the Application was conducted on May 6, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal 130178A and are pertinent to the decision rendered:

1.	Variance Application 130178 dated October 17, 2013 and filed on October 23, 2013.
2.	Providence Fire Marshals Office Inspection Report dated October 7, 2013.
3.	Letter from ADSFM Keith Maine of the Providence Fire Marshals Office dated February 20, 2014.
4.	Letter from ADSFM Carmine Vita of the Providence Fire Marshals Office dated October 29, 2013.
5.	Final Reschedule Notice dated March 28, 2014.
6.	Reschedule Notice dated March 7, 2014.
7.	Reschedule Notice dated February 20, 2014.
8.	Decision  130178 dated December 4, 2013.

EXHIBITS

The following documents were presented at the May 6, 2014 hearing as exhibits:

1.	Applicants  1  Letter of authorization for Natividad Mercedes from Mario Mancebo dated May 5, 2014.
2.	Applicants  2  Letter from Ramzi Loqa, PE with attachment dated March 17, 2014

&8195;
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 matter was previously heard by the Board on November 5, 2013 at which time Decision 130178 was issued dated December 4, 2013.
2.	The above Decision was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the May 6, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the December 4, 2013 Decision 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.
3.	The building is an existing 3-story multiple/mixed use occupancy of Type IV (000) construction.
4.	The building is not provided with sprinklers and is provided with a protected premises fire alarm system without emergency forces notification.
5.	Based upon the certification of the Applicants consulting engineer, a 60-minute separation exists between the business occupancy on the first floor and the residential occupancy on the second floor of this building.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board affirms the original decision granting relief from NFPA 101 (2012) section 39.3.4.4 allowing the Applicant to maintain the existing fire alarm system without emergency forces notification.

Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  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 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)].