As indicated in the file, a hearing involving the above-captioned property was conducted on February 3, 2015 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-Chairman Blackburn and Commissioners Booth, Filippi, Richard and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.
APPLICANT: Harry Andrews.

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 Andrews Express & Storage Warehouse of 10 Fir Street, Newport, RI dated July 16, 2013.
3.	The Application was received by the Board and File  130133 opened on July 23, 2013.
4.	An initial hearing on the Application was conducted on August 27, 2013 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the August 27, 2013 hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Jackson to grant the Applicant relief as outlined therein.  The motion passed on a 6 to 2 vote with Commissioners Blackburn and Burlingame voting in opposition.  Accordingly, Decision  130133 was issued with a mailing date of October 23, 2013.
6.	On January 7, 2015 ADSFM Chris Mahoney of the Newport Fire Marshal's Office notified the Board that the date for compliance with the Boards Decision had lapsed and that the Applicant has not complied with the terms of the Decision.
7.	On January 9, 2015 Notice was sent to the Applicant to appear on February 3, 2015 and show cause, if any, why the previous Decision should not be declared void and all deficiencies reinstated.
8.	A show cause hearing on Decision  130133 was conducted on February 3, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
9.	After all evidence was presented at the February 3, 2015 hearing, a motion was made by Vice-Chairman Blackburn and seconded by Commissioner Thornton 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  130133A and are pertinent to the decision rendered:

1.	Variance Application  130133 dated July 16, 2013 and filed on July 23, 2013.
2.	Decision  130133 dated October 23, 2013.
3.	Email from ADSFM Chris Mahoney to the Board dated January 7, 2015.
4.	Hearing Notice dated January 9, 2015.

EXHIBITS

The following documents were presented at the February 3, 2015 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 Decision below corresponds with Decision  130133 issued by the Board on October 23, 2013.  The October 23, 2013 Decision was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the February 3, 2015 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.
2.	Decision  130133 provided the Applicant one (1) year from the date of the decision to upgrade the facility fire alarm system, at the direction and to the satisfaction of the Newport Fire Marshal's Office.  The Board finds that this time frame has not been complied with and that the variances previously granted are reinstated and modified as set forth below.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

	The Board hereby reinstates and modifies the relief granted pursuant to the previous decision under Rules 6-2-22 and 6-2-23 as follows:

1.	The Applicant shall have three (3) months from the date of this decision in which to install a fully compliant fire alarm system in the above facility, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
2.	The Board rescinds the prior relief granted in Decision  130133 as it relates to heat detection coverage.

	In granting the above relief, it is the understanding of the Board that there is no objection by the Newport 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 6-2-22).
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 6-2-23.)  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 6-2-24).
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 6-2-25).
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.  (See: Board Rules and Regulations, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].