As indicated in the file, a hearing involving the above-captioned property was conducted on August 19, 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 Booth, Pearson, Sylvester, Thornton and Walker.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Louis Traficante of the West Warwick Fire Marshals Office.
APPLICANT: Timothy Williamson, Esq. (Town Solicitor) and Kenneth Townsend.
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 initially filed by Kenneth Townsend (Authorized Representative) of 20 Junior Street, West Warwick, RI dated July 11, 2005.
3.	The Application was received by the Board and Files  050504 and 050505 opened.
4.	The matter has been before the Board a number of times and was most recently heard by the Board on August 6, 2013 at which time Decisions  050504C and 050505C were issued dated October 23, 2013.
5.	At the August 6, 2013 hearing, the Board directed the Applicant to return with a status update regarding the proposed plan of action and in particular the funding source being sought through the Rhode Island Health and educational Building Corporation (RIHEBC).  Accordingly, the Applicant has appeared before the Board with status updates on October 22, 2013, January 28, 2014, March 25, 2014, April 15, 2014, May 20, 2014 and June 24, 2014.
6.	A hearing on the Application was conducted on August 19, 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 Sylvester and seconded by Vice-Chairperson Filippi and Commissioner Walker Sylvester 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  050504D and 050505D and are pertinent to the decision rendered:

1.	Variance Application  050504D/050505D.
2.	Decision  050504C and 050505C dated October 23, 2013.
3.	E-Mail from Timothy Williamson, Esq. to the Board dated March 4, 2014.
4.	E-Mail from Robert Donovan (RIHEBC) to John Cimino dated April 14, 2014.
5.	Legislative bills H7200 SUB A & S2126 SUB A  signed by the Governor on March 14, 2014.
6.	RIHEBC Bond Documentation dated June 17, 2014.
7.	Reschedule Notice dated January 13, 2014.
8.	Reschedule Notice dated March 7, 2014.
9.	Reschedule Notice dated March 28, 2014.
10.	Reschedule Notice dated April 21, 2014.
11.	Reschedule Notice dated May 22, 2014.
12.	Reschedule Notice dated July 25, 2014.

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EXHIBITS

The following documents were presented at the August 19, 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 matter was most recently heard by the Board on August 6, 2013 at which time Decision  050504C/050505C was issued dated October 23, 2013.
2.	The above Decision was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the August 19, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the October 23, 2013 Decision 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.
3.	In the October 23, 2013 Decision, the Applicant was given a time variance until October 8, 2013 to develop a comprehensive plan of action, including obtaining financing, to address all outstanding deficiencies.
4.	The Applicant has since appeared before the Board with status updates on October 22, 2013, January 28, 2014, March 25, 2014, April 15, 2014, May 20, 2014 and June 24, 2014.
5.	The Board finds that funding for this project has been approved and that the bidding process is currently under way
6.	There is no objection by the West Warwick Fire Marshals Office to the granting of the relief outlined herein.

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CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant a time variance until May 31, 2015 to comply with all outstanding deficiencies within these facilities, at the direction and to the satisfaction of the West Warwick 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)].