As indicated in the file, a hearing involving the above-captioned property was conducted on September 23, 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: Vice-Chairman Blackburn and Commissioners Booth, Jackson, Richard, Sylvester and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Keith Maine of the Providence Fire Marshals Office.
APPLICANT: Michael J. Warner, Carmen Walker and Michael Paolucci.
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 J. Warner (owner) of 648 Elmwood Avenue, providence, RI dated September 8, 2014.
3.	The Application was received by the Board and File  140109 opened on September 16, 2014.
4.	A hearing on the Application was conducted on September 23, 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 Richard and seconded by Commissioner Jackson 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  140109 and are pertinent to the decision rendered:

1.	Variance Application  140109 dated September 8, 2014 and filed on September 16, 2014.
2.	Providence Fire Marshals Office Inspection Report dated August 7, 2014.
3.	Letter from Michael J. Warner to the Board dated September 16, 2014.
4.	Email with plan of action from Michael Warner to ADSFM Keith Maine of the Providence Fire Marshal's Office dated September 8, 2014.

EXHIBITS

The following documents were presented at the September 23, 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 August 7, 2014 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the September 23, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the August 7, 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 1-story mixed use (business and mercantile) occupancy.
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.	It is the understanding of the Board that the fire alarm facility within this facility is a non-required system that has been voluntarily installed at the owners preference.
5.	There is no objection by the Providence 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 9.6.2.2.2 by developing and submitting a plan of action for the installation of approved markings on all manual fire alarm boxes 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 Providence 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 9.6.7.2.1 by providing this facility with an approved fire alarm zone map, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
3.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of NFPA 72 (2010) section 14.4.9.2.1 by providing this facility with an approved fire alarm system batteries, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
4.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.1.8.1 by providing this facility with an approved smoke detector at the fire alarm control unit, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
5.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 9.6.2.2.1 to allow the existing single-action manual fire alarm boxes to remain in use based upon existing conditions.
6.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.8.1 by providing the fire alarm control unit of this facility with approved fire alarm 24-hour owners contact information, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
7.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.2.11 by providing this facility with additional approved heat and smoke detectors throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
8.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.8.3 by providing this facility with an approved exterior weatherproof horn/strobe notification appliance, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
9.	This is not a deficiency.
10.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 9.6.9.4 to allow the existing fire alarm system wiring to remain in use based upon existing conditions and a structural hardship.
11.	This deficiency has been corrected.
12.	This deficiency has been corrected.
13.	This deficiency has been corrected.
14.	This deficiency has been corrected.
15.	The Board hereby grants the Applicant a variance from the provisions of NFPA 72 (2010) section 17.14.6 to allow the existing manual fire alarm boxes to remain in use based upon existing conditions and a structural hardship.
16.	The Board hereby grants the Applicant a variance from the provisions of NFPA 72 (2010) section 18.5.2.4 to allow the existing fire alarm notification appliances to remain in use based upon existing conditions.
17.	The Board hereby grants the Applicant a variance from the provisions of NFPA 72 (2010) section 18.4.2.1 to allow the existing fire alarm notification appliances to remain in use based upon existing conditions.
18.	The Board hereby grants the Applicant a variance from the provisions of NFPA 72 (2010) section 10.14.2.4 to allow the existing fire alarm control unit to remain in use in its present location based upon existing conditions and a structural hardship.
19.	This is no longer a deficiency, however the Board directs the Applicant to procure all necessary permits and approvals for any future work in this facility.

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).

&8195;
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)].