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 Marshals Timothy Lutz, Sr. and Keith Maine of the Providence Fire Marshals Office.
APPLICANT: Scott Morris and Architect Robert Orenstein.
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 Scott Morris (owner) of 44 Warren Street, Providence, RI dated March 3, 2014.
3.	The Application was received by the Board and File  140025 opened on March 6, 2014.
4.	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.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Blackburn 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  140025 and are pertinent to the decision rendered:

1.	Variance Application  140025 dated March 3, 2014 and filed on March 6, 2014.
2.	Providence Fire Marshals Office Inspection Report dated February 14, 2014.
3.	Letter sent by ADSMSs Timothy Lutz, Sr. and Michael Krasnowiecki of the Providence Fire Marshals Office to Alan Klitzner dated February 14, 2014.
4.	E-mail from Michael Krasnowiecki dated April 4, 2014.
5.	Reschedule Notice dated March 24, 2014.
6.	Reschedule Notice dated April 7, 2014.
7.	Plan of Action [undated] with attached photographs (2) from Ocean State Flea Market.

EXHIBITS

The following documents were presented at the May 13, 2014 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 Finding of Fact:

1.	The numbers of the Decision below correspond with those of the February 14, 2014 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the May 13, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the February 14, 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 2-story multiple / mixed occupancy building with basement consisting of industrial and mercantile uses.
3.	The building is of Type III (200) construction and is provided with sprinkler protection and has a non-compliant fire alarm system.
4.	There is no objection by the Providence 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 RIFC section 1.14.1 by providing plans for all work completed to date and for any proposed future work, at the direction and to the satisfaction of the Providence Fire Marshals Office.
2.	Deficiency  2 is no longer applicable as all work has ceased until Item  1 has been complied with.
3.  7.	Deficiencies  3  7 have been corrected.

In consideration of the relief outlined herein the Board directs that the following conditions remain in effect:
a)	No new construction shall be performed without construction plans reviewed and approved by the Providence Fire Marshals Office.
b)	The Applicant shall maintain a fire watch at the building 24/7/365.
c)	The Applicant shall provide a uniformed firefighter detail whenever the flea market is in operation, at the direction and to the satisfaction of the Providence Fire Marshals Office.

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).

&8195;
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)].