As indicated in the file, a hearing involving the above-captioned property was conducted on July 22, 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 and Commissioners Blackburn, Booth, Jackson, Richard, Sylvester and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Christopher Moore of the State Fire Marshals Office and Assistant Deputy State Fire Marshal David Godin of the Central Coventry Fire Marshals Office.
APPLICANT: Pasco Raimondo.
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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 Pasco Raimondo (owner) of 94 West Warwick Avenue, West Warwick, RI dated February 2, 2010.
3.	The Application was received by the Board and File  100028 opened on February 3, 2010.
4.	The matter was previously before the Board on December 4, 2012 at which time Decision  100028 was issued dated March 8, 2012.  At that time, the AHJ was directed to re-inspect the facility under the soon to be adopted 2012 editions of NFPA 1 and NFPA 101 to determine the compliance status of the facility.
5.	A subsequent hearing on the Application was conducted on July 22, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	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 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  100028A and are pertinent to the decision rendered:

1.	Variance Application  100028 dated February 2, 2010 and filed on February 3, 2010.
2.	State Fire Marshals Office Inspection Report  12-1829-IS dated June 17, 2014.
3.	State Fire Marshals Office Building Description -- Site  61 dated December 14, 2012.
4.	Decision  100028 dated March 8, 2013.
5.	Letter from DSFM Paul Manning of the State Fire Marshals Office to the Board dated December 14, 2012.
6.	Reschedule Notice dated June 17, 2014.

EXHIBITS

The following documents were presented at the July 22, 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 numbers of the Decision below correspond with those of the June 17, 2014 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the July 22, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the June 17, 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 industrial occupancy.
3.	The building is of Type V (000) construction and is provided with limited area (spray booth) sprinkler protection and does not have a compliant fire alarm system.
4.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	[12-2128-VN]  The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 40.3.4.1 by developing and submitting a plan of action for the installation of an approved fire alarm system within this facility or the removal of the spray booth operation.  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 State Fire Marshals Office.
2.	[12-2129-VN]  The Board grants the Applicant the time variance outlined in item 1 above to correct this item in conjunction with item  1 above, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	[12-2130-VN]  The Board grants the Applicant the time variance outlined in item 1 above to correct this item in conjunction with item  1 above, at the direction and to the satisfaction of the State Fire Marshals Office.
4.	[12-2131-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 13.3.1.4 by providing documentation of the limited area sprinkler system domestic water source capacity, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	[12-2127-VN]  The Board grants the Applicant a time variance of fourteen (14) days to comply with the provisions of RIFC section 13.6.4 by installing approved portable fire extinguishers throughout the facility, at the direction and to the satisfaction of the State 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)].