As indicated in the file, a hearing involving the above-captioned property was conducted on September 9, 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 Blackburn, Booth, Jackson and Richard.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Patrick Carney and Octavio Vieira of the State Fire Marshals Office.
APPLICANT: Michael D. Crane, 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 Michael D. Crane, Esq. (attorney) of 400 Westminster Street -- Suite 40, Providence, RI dated July 30, 2014.
3.	The Application was received by the Board and File  140089 opened on August 5, 2014.
4.	A hearing on the Application was conducted on September 9, 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 Blackburn and seconded by Commissioner Booth 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  140089 and are pertinent to the decision rendered:

1.	Variance Application  140089 dated July 30, 2014 and filed on August 5, 2014.
2.	State Fire Marshals Office Inspection Report  14-506-IS dated May 23, 2014.
3.	Applicants Addendum to Fire Appeal for 64 Nasonville Road, Burrillville, RI  02830

EXHIBITS

The following documents were presented at the September 9, 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 May 23, 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 September 9, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the May 23, 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 (4 units).
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.  Individual units are protected by battery-operated smoke alarms and carbon monoxide alarms.
4.	The building is presently under the jurisdiction and control of a court-appointed special master and is in the process of being sold.
5.	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.	[14-361-VN]  The Board grants the Applicant a time variance until June 30, 2015 to comply with the provisions of RILSC section 31.3.4.6.1 by installing approved carbon monoxide alarms or carbon monoxide detectors throughout the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	[14-362-VN]  The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.4.5.1 by providing this facility with approved smoke alarms, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	[14-363-VN]  This violation has been corrected.
4.	[14-364-VN]  The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 31.3.6.2.3 and 7.2.1.8.1 by the installation of approved door closers or spring-loaded hinges in the egress system of this facility, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	[14-365-VN]  This violation has been corrected.
6.	[14-378-VN]  The Board hereby grants the Applicant a variance from the provisions of RILSC sections 31.2.2.3.4 and 7.2.2.2.4.3 to allow the existing non-compliant stair winders to remain in use based upon a structural hardship.
7.	[14-379-VN]  The Board hereby grants the Applicant the time variance of outlined in item 1 to comply with the provisions of RILSC section 7.2.2.3.3 by repairing or replacing all defective stair treads, at the direction and to the satisfaction of the State Fire Marshals Office.
8.	[14-380-VN]  The Board hereby grants the Applicant the time variance of outlined in item 1 to comply with the provisions of RILSC sections 31.2.2.3.1 and 7.2.2.4.4.2 by installing compliant handrails in the stairs, at the direction and to the satisfaction of the State Fire Marshal's Office.
9.	[14-383-VN]  The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 31.2.8 and 7.8.1 by providing this facility with approved egress illumination, at the direction and to the satisfaction of the State Fire Marshals Office.
10.	[14-401-VN]  The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 31.2.1.2 and 24.2.2.1.1 by providing this facility with approved rescue windows, at the direction and to the satisfaction of the State Fire Marshals Office.
11.	[14-427-VN]  The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.4.6 by repairing or replacing the existing fire escape, at the direction and to the satisfaction of the State Fire Marshals Office
12.	[14-455-VN]  The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC sections 16.3.4.3 and 18.2.2.1 by providing this facility with an approved key access box, at the direction and to the satisfaction of the State Fire Marshals Office.
13.	[14-458-VN]  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 (2011) section 10.5.1.2 by installing an approved remote furnace shut-off switch, at the direction and to the satisfaction of the State Fire Marshals Office.
14.	[14-360-VN]  The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.4.2.1 by providing this facility with an approved fire alarm system, 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).

Finally, in consideration of the relief granted herein, the Board directs that the occupancy of this building be limited to current tenants only and that no new tenants are permitted until all of the above deficiencies have been corrected.

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)].