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, Jackson, Pearson, Sylvester, Thornton and Walker.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal A. McVay of the Pawtucket Fire Marshals Office.
APPLICANT: Francis McBride, Jr.
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 Francis McBride, Jr. (owner) of 8 Crown Avenue, Barrington, RI  02806 dated July 21, 2014.
3.	The Application was received by the Board and File  140084 opened on July 22, 2014.
4.	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.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed on a 6 to 1 vote with Commissioner Booth voting in opposition and Commissioner Thornton abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140084 and are pertinent to the decision rendered:

1.	Variance Application  140084 dated July 21, 2014 and filed on July 22, 2014.
2.	Pawtucket Fire Marshals Office Inspection Report dated June 25, 2014.

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 numbers of the Decision below correspond with those of the June 25, 2014 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 August 19, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the June 25, 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 3-story apartment occupancy (24 unit).
3.	The building is of Type III(000) construction and is not provided with sprinkler protection and does not have a compliant fire alarm system.
4.	The Applicant has testified that there are battery-operated smoke alarms and CO alarms within the apartments and older hard-wired smoke alarms in the halls.
5.	The Board notes that the Applicant has testified that the property is for sale and is expected to be sold in the near future and that any prospective buyer(s) has been or will be made aware of the outstanding deficiencies and will assume the correction of all deficiencies as part of the purchase and sale agreement.
6.	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.	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 31.3.4.2.3 by developing and submitting a plan of action for the installation of an approved fire alarm system throughout the facility.  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 Pawtucket Fire Marshals Office.
2.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.4.6.1 by providing this facility with approved carbon monoxide (CO) alarms, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
3.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.9 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
4.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 32.103.4.6.1 by providing this facility with approved exit signs, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
5.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.3.2 by treating all wainscoting and paneling in the stairway with a Class-A fire resistant coating, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
6.	This deficiency has been corrected.
7.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 18.2.2.1 by providing this facility with an approved key access box, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
8.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.6.2.1 by installing doors that open into the exit access corridors having a fire rating of twenty (20) minutes and self-closing devices, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
9.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.2.2 and NFPA 31 section 10.5.1.2 by providing the facility boiler with an approved remote shut-off switch, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
10.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.2.1.1 by providing a domestically-supplied sprinkler head over the boiler in accordance with section 9.7.1.2, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
11.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.1.1.1 by enclosing or protecting the elevator shaft in accordance with section 8.6 and installing a heat detector in accordance with section 9.6.2.11(2), at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.

In consideration of the relief granted herein, the Board directs that the Applicant provide the buyer a copy of this Decision noting the time relief granted of one hundred eighty (180) days from the date of the Decision for the correction of all deficiencies.

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)].