As indicated in the file, a hearing involving the above-captioned property was conducted on July 8, 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: Acting Chairman Jackson and Commissioners Booth, Sylvester, Thornton and Walker.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
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 Armand Desnoyers (owner) of Compton Products Co., 1160 Mount Pleasant Road, Harrisville, RI dated May 7, 2014.
3.	The Application was received by the Board and File  140056 opened on May 13, 2014.
4.	The matter was originally before the Board on June 24, 2014 at which time Chairman Newbrook, Vice-Chairperson Filippi and Commissioners Booth, Burlingame, Pearson, Richard, Sylvester and Thornton were present.  At that time a motion was made by Commissioner Sylvester and seconded by Commissioner Thornton to schedule the matter for an on-site subcommittee hearing in accordance with Rules & Regulations section 6-2-5.  The motion passed on an 8 to 0 vote.
5.	On July 8, 2014 at 10:00 AM an on-site subcommittee meeting was held at the subject facility at which time Chairman Newbrook, Commissioners Blackburn, Booth and Pearson and Executive Director Burlingame were present.  Also in attendance were Applicant Armand Desnoyers, Building Manager Cheryl Murphy, Deputy State Fire Marshal Michael Macaruso, Assistant Deputy State Fire Marshal Norman Mainville of the Nasonville Fire Department, Chief Augustine Eddy of the Nasonville Fire Department, Burrillville Building Official Joe Raymond and Burrillville Mechanical Inspector Arthur Jones.
6.	After all evidence was presented at the on-site subcommittee hearing, a motion was made by Commissioner Pearson and seconded by Commissioner Booth to recommend to the full Board to grant the Applicant relief as outlined herein.  The motion passed on a 3 to 0 vote  Chairman Newbrook did not participate in the vote.
7.	A hearing on the Application was conducted on July 8, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
8.	After all evidence was presented at the hearing, a motion was made by Commissioner Walker and seconded by Commissioner Booth to approve the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140056 and are pertinent to the decision rendered:

1.	Variance Application  140056 dated May 7, 2014 and filed on May 13, 2014.
2.	Nasonville Fire Marshals Office Inspection Report  13-01 dated April 7, 2014.
3.	Multiple photographs submitted by the Nasonville and State Fire Marshals Offices.

EXHIBITS

The following documents were presented at the July 8, 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 April 7, 2014 inspection report compiled by the Nasonville Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Nasonville Fire Marshals Office during the July 8, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the April 7, 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 1-story multiple/mixed use occupancy consisting of storage, industrial and incidental business uses.
3.	The building is of Type V (000) construction and is not provided with sprinkler protection and does not have a compliant fire alarm system.
4.	There is no objection by the Nasonville or State Fire Marshals Offices 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 thirty (30) days from the date of the hearing to comply with the provisions of RIFC section 11.5.1.1 by developing and submitting a plan of action for correction of deficiencies in the front office furnace closet by repairing the ceiling assembly and removing all old electrical wiring and fixtures.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the Nasonville Fire Marshals Office in conjunction with the Burrillville Building Officials Office.
2.	The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 11.1.4 by tagging or removing all abandoned electrical wiring, at the direction and to the satisfaction of the Nasonville Fire Marshals Office.
3.	The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 13.6.9.3.1.1.1 by having all fire extinguishers certified as maintained and removing all obsolete extinguishers, at the direction and to the satisfaction of the Nasonville Fire Marshals Office.
4.	Deficiency  4 has been corrected.
5.	The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 40.2.9.1 and 42.2.9 by installing approved emergency lighting throughout the facility, at the direction and to the satisfaction of the Nasonville Fire Marshals Office.
6.	The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 40.2.4.1.1 and 42.2.4.1 by installing an additional means of egress in the storage area of the facility, at the direction and to the satisfaction of the Nasonville Fire Marshals Office.
7.	The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC sections 14.14.1.2.1 and 14.14.1.5.1 by installing approved exit signage throughout the facility, at the direction and to the satisfaction of the Nasonville Fire Marshals Office.
8.	The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC sections 11.1.9.1 and 11.1.9.2 by providing clear and unobstructed access to the facilitys electrical panels, at the direction and to the satisfaction of the Nasonville Fire Marshals Office.
9.	The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 40.5.2 and 9.2.2 by updating and correcting the installation of the existing wood stove located in the industrial space, at the direction and to the satisfaction of the Nasonville Fire Marshals Office in conjunction with the Burrillville Building Officials Office.
10.	The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 13.9.1 by installing dry-wall on the ceiling in the dipping tank area space and replacing all non-compliant electrical wiring, at the direction and to the satisfaction of the Nasonville Fire Marshals Office in conjunction with the Burrillville Building Officials Office.
11.	Deficiency  11 has been corrected.  In consideration of the relief granted herein, the Board directs that these spaces be maintained as clear and accessible and that all combustible wooden pallets located adjacent to the exterior of the building be removed.
12.	Deficiency  12 has been corrected.
13.	Deficiency  13 has been corrected.
14.	The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 40.3.4.1 by installing a fire alarm system throughout the facility, at the direction and to the satisfaction of the Nasonville 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).

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)].