As indicated in the file, a hearing involving the above-captioned property was conducted on May 13, 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, Pearson, Sylvester, and Thornton.
Department of Administration Deputy Chief Legal Counsel Peter N. Dennehy.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Michael Feather of the Cumberland Fire Marshals Office.
APPLICANT: Michael King (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 William King (Owner) of 268 Abbott Run Valley Road, Cumberland, RI dated February 5, 2013.
3.	The Application was received by the Board and File  130009 opened on February 7, 2013.
4.	The matter was previously heard by the Board on February 26, 2013 at which time Decision  130009 was issued dated March 28, 2013.
5.	On April 1, 2014 the Applicant requested that the file be re-opened as it relates to the issue of time for compliance for item 1  installation of a fire alarm system.
6.	A hearing on the Application was conducted on May 13, 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 Blackburn and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion passed on a 8 to 0 vote with Commissioner Thornton abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  130009A and are pertinent to the decision rendered:

1.	Variance Application  130009 dated February 5, 2013 and filed on February 7, 2013.
2.	Cumberland Fire Marshals Office Inspection Report dated December 27, 2012.
3.	Letter sent by Chief Michael Feather of the Cumberland Fire Marshals Office dated December 28, 2012.
4.	Letter of authorization from William King for Michael King dated February 5, 2013.
5.	Letter from BisMarc Properties, LLC to the Board dated February 26, 2013.
6.	Decision  130009 dated March 28, 2013.
7.	Reschedule Notice dated May 8, 2014.
8.	Letter from Michael King to the Board dated May 8, 2014.

EXHIBITS

The following documents were presented at the May 13, 2014 hearing as exhibits:

1.	None.

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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 February 26, 2013 at which time Decision  130009 was issued dated March 28, 2013.
2.	The above Decision was utilized by the Board, the Applicant and the Cumberland Fire Marshals Office during the May 13, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the March 28, 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.	In the initial Decision, the Applicant was given a time variance until September 28, 2013 to install a fire alarm system within the facility  this deficiency remains outstanding.
4.	The building is an existing 3-story multiple occupancy / mixed use building with assembly and apartments: four (4) units [1 occupied unit, 1 unoccupied unit and 2 uninhabitable units].
5.	The one (1) apartment unit is occupied by an employee of the 1st floor assembly [Beer Mug].
6.	The building is of Type V (000) construction and is not provided with sprinkler protection or a fire alarm system.
7.	There is no objection by the Cumberland Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant a time variance of ninety (90) days from the date of the decision to comply with the provisions of RILSC sections 13.8.7.1 and 31.8.9.5.4.2.1 by installing an approved fire alarm system within this facility, at the direction and to the satisfaction of the Cumberland Fire Marshals Office.
2.	Deficiencies  2  13 have been corrected.

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).

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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)].