As indicated in the file, a hearing involving the above-captioned property was conducted on June 10, 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, Thornton and Walker.
Department of Administration Deputy Chief Legal Counsel Peter N. Dennehy.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Wade Palazini of the State Fire Marshals Office and Gordon Walsh of the North Kingstown Fire Marshals Office.
APPLICANT: Robert Carr and Mark Saccoccio (architect).
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 Mark Saccoccio (architect representative) of 1085 Park Avenue, Cranston, RI dated (undated).
3.	The Application was received by the Board and File  140060 opened on May 22, 2014.
4.	A hearing on the Application was conducted on June 10, 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 Thornton and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion passed on an 8 to 1 vote with Commissioner Booth in opposition and Commissioner Jackson abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140060 and are pertinent to the decision rendered:

1.	Variance Application  040060 dated (undated) and filed on May 22, 2014.
2.	State Fire Marshals Office Plan Review Report  12-21.NB-PM dated June 3, 2014.
3.	State Fire Marshals Office Building Description  Site  132 dated June 10, 2014.
4.	Letter sent by Mark Saccoccio of Saccoccio & Associates to the Board dated May 7, 2014.
a.	Floor Plan drawing  A1.0
b.	Building Permit  B-3478 (Rev.)
c.	Vicon window cut sheet.

EXHIBITS

The following documents were presented at the June 10, 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 June 3, 2014 plan review report and June 10, 2014 building description compiled by the State Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the June 10, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the April 3, 2014 plan review report and June 10, 2014 building description 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 1-story business occupancy of approximately 9,300 sq. ft.
3.	The building has a fire alarm system with emergency forces notification.
4.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein, however the North Kingstown Fire Marshals Office is in opposition.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant a variance from the provisions of RILSC section 38.3.6 allowing the existing corridor separation to remain in use based upon the inclusion of many non-required fire protection features, including additional exits, corridor smoke detection and fire alarm 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)].
					FIRE SAFETY CODE
					BOARD OF APPEAL AND REVIEW