As indicated in the file, a hearing involving the above-captioned property was conducted on December 2, 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 Booth, Filippi, Jackson, Pearson and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Peter Marietti, III and Jeffrey McGuire of the Warwick Fire Marshals Office.
APPLICANT: Joseph Blake and Joseph Watson.
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 Joseph Blake (Facilities) of City of Warwick, 3275 Post Road, Warwick, RI dated November 18, 2014.
3.	The Application was received by the Board and File  140143 opened on November 19, 2014.
4.	A hearing on the Application was conducted on December 2, 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 Thornton 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  140143 and are pertinent to the decision rendered:

1.	Variance Application  140143 dated November 18, 2014 and filed on November 19, 2014.
2.	Decision  090344 dated January 23, 2011 (sic).
3.	Hughes Associated Plan of Action Report dated November 10, 2014.

EXHIBITS

The following documents were presented at the December 2, 2014 hearing as exhibits:

1.	Applicants photographs (1 page).

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 Decision below corresponds with Decision  090344 issued by the Board dated January 23, 2011 (sic) and the Hughes Associates Plan of Action dated November 10, 2014.  The above Decision and report were utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the December 2, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the above Decision and 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 2-story mixed use (business and assembly) occupancy utilized as a municipal ice skating facility.
3.	The building is of Type II (000) construction and is not provided with sprinkler protection and currently does not have a compliant fire alarm system.
4.	There is no objection by the Warwick Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.3.5.1 by allowing the omission of sprinklers directly over the ice surfaces of the facility, at the direction and to the satisfaction of the Warwick Fire Marshal's Office.  In granting the relief herein, the Board notes the space(s) between the Astro-Rink insulation material and the roof(s) above will be provided with sprinkler protection.

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)].