As indicated in the file, a hearing involving the above-captioned property was conducted on January 13, 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 and Commissioners Booth, Filippi, Jackson, Pearson, Richard and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal David Degrange of the Woonsocket Fire Marshals Office.
APPLICANT: Gabriel Pare and Marie Deschenes.
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 Gabriel Pare (manager) of 68 South Main Street, Woonsocket, RI dated January 8, 2015.
3.	The Application was received by the Board and File  150005 opened on January 8, 2015.
4.	A hearing on the Application was conducted on January 13, 2015 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 Richard to grant the Applicant relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150005 and are pertinent to the decision rendered:

1.	Variance Application  050005 dated January 8, 2015 and filed on January 8, 2015.
2.	Woonsocket Fire Marshals Office letter dated January 8, 2015.
3.	Dacey Insurance Agency, Inc. letter dated December 16, 2014.

EXHIBITS

The following documents were presented at the January 13, 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 the January 8, 2015 letter compiled by the Woonsocket Fire Marshals Office.  The above letter was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the January 13, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the January 8, 2015 letter 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 industrial occupancy that is presently without heat.
3.	The building is currently vacant and is provided with sprinkler protection, has a partial fire alarm system and the building has been secure to prevent unauthorized entry.
4.	The Board notes that the property is presently the subject of purchase and sale negotiations that are expected to be finalized on or before April 1, 2015.
5.	There is no objection by the Woonsocket 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 until May 31, 2015 from the provisions of RIFC section 10.13.2 by allowing the existing wet sprinkler system to be removed from service (drained and winterized), at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.

In consideration of the relief granted herein, the Board directs the Applicant to provide additional fire alarm smoke and/or heat detection to areas of the building currently unprotected within thirty (30) days of the date of this hearing, at the direction and to the satisfaction of the Woonsocket Fire Marshal's 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)].