As indicated in the file, a hearing involving the above-captioned property was conducted on July 29, 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, Richard, Sylvester and Thornton.
Executive Director W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal John Dolan of the Pawtucket Fire Marshals Office.
APPLICANT: Frank Bragantin.

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 Frank O. Bragantin (representative) of 558 Smithfield Avenue, Pawtucket, RI dated March 25, 2014.
3.	The Application was received by the Board and File  140046 opened on April 22, 2014.
4.	A hearing on the Application was scheduled for May 20, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.  At that time, the matter was reassigned until June 24, 2014 for the Applicant to return to the Board with a plan of action.
5.	At the Applicants request, the matter was rescheduled until July 29, 2014 due to a family emergency.
6.	A hearing on the Application was conducted on July 29, 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 Thornton and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140046 and are pertinent to the decision rendered:

1.	Variance Application  140046 dated March 25, 2014 and filed on April 22, 2014.
2.	Pawtucket Fire Marshals Office Inspection Report dated June 18, 2013.
3.	Letter sent by ADSFM John Dolan of the Pawtucket Fire Marshals Office to Geneva Apartments, LP dated June 18, 2013.
4.	Letter of authorization from Ferland Corporation for Frank Bragantin dated May 19, 2014.
5.	Reschedule Notice dated May 22, 2014.
6.	Reschedule Notice dated July 9, 2014.

EXHIBITS

The following documents were presented at the July 29, 2014 hearing as exhibits:

1.	Applicants Plan of Action drawings SK 1.0 and SK 1.1 dated July 25, 2014.

&8195;
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 18, 2013 inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the July 29, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the June 18, 2013 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 apartment occupancy consisting of a 3-story building (A) and a 6-story building (B).
3.	The buildings are of Type II construction and are provided with partial sprinkler protection in Building A and full sprinkler protection in Building B, and have compliant fire alarm systems.
4.	The subject of this appeal is limited to the community room which is classified as a place of assembly with an occupant load of two hundred forty-one (241) persons.
5.	There is no objection by the Pawtucket Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	Deficiency has been corrected by marking the door leading to the courtyard NOT AN EXIT.
2.	The Board grants the Applicant a time variance of one hundred fifty (150) days from the date of the decision to comply with the provisions of RILSC section 7.5.1.3.2 by implementing the plan of action submitted which entails creating a second means of egress from the community room via a new passage into the existing corridor and separating the corridor into two (2) smoke compartments by installing a smoke barrier, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
3.	This deficiency will be rectified with the completion of item  2 above.
4.	Deficiency has been corrected.
5.	Deficiency has been corrected.
6.	Deficiency has been corrected.
7.	Deficiency has 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).

Finally, the Board hereby authorizes the Pawtucket Fire Marshals Office to extend the above timeline for good faith efforts being demonstrated by the applicant.

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)].