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 Keith Maine of the Providence Fire Marshals Office and Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshal's Office.
APPLICANT: The Applicant, having been given notice, failed to appear.
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 Wanskuck Hall Realty, Inc. of 754 Branch Avenue, Providence, RI dated February 20, 2014.
3.	The Application was received by the Board and File  140018 opened on February 21, 2014.
4.	An initial hearing on the Application was conducted on March 11, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the March 11, 2014 hearing, a motion was made by Commissioner Walker and seconded by Commissioner Richard to grant the Applicant relief as outlined therein.  The motion passed on an 8 to 0 vote.  Accordingly, Decision  140018 was issued with a mailing date of March 26, 2014.
6.	On December 8, 2014 ADSFM Keith Maine of the Providence 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 December 11, 2014 Notice was sent to the Applicant to appear on January 6, 2015 and show cause, if any, why the previous Decision should not be declared void and all deficiencies reinstated.
8.	On January 5, 2015 the Applicant notified the Board that he was unavailable on January 6, 2015 and requested a 1-week continuance.
9.	On January 5, 2015 ADSFM Keith Maine of the providence Fire Marshals Office notified the Board that he had no objection to the request for a 1-week continuance.
10.	The matter was set down for hearing on the January 13, 2015 calendar, however due to a defect in the notice the Applicant did not appear and the matter was again rescheduled until January 27, 2015.
11.	On January 26, 2015 the Applicants representative (Rodney Andreoni) was notified by telephone that the hearing was cancelled due to the Declaration of Disaster Emergency [Executive Order  15-02] and that the matter was rescheduled for February 3, 2015.
12.	On January 30, 2015 a telephone message was left by the Board to the Applicants representative confirming the hearing date of February 3, 2015.
13.	A show cause hearing on Decision  140018 was conducted on February 3, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
14.	After all evidence was presented at the February 3, 2015 hearing, a motion was made by Commissioner Richard and seconded by Vice-Chairman Blackburn to decline rehearing the case in accordance with Board Rule & Regulation section 6-2-23.  .  The motion passed on a 6 to 0 vote.

&8195;
RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140018A and are pertinent to the decision rendered:

1.	Variance Application  140018 dated February 20, 2014 and filed on February 21, 2014.
2.	Letter of authorization for Rodney Andreoni from William Ricci dated February 20, 2014.
3.	Decision  140018 dated March 26, 2014.
4.	Letter from ADSFM Keith Maine to the Board dated December 8, 2014.
5.	Hearing Notice dated December 11, 2014.
6.	Email to the Board from Rodney Andreoni dated January 5, 2015.
7.	Email to the Board from ADSFM Keith Maine dated January 5, 2015.
8.	Reschedule Notice dated January 7, 2015.
9.	Reschedule Notice dated January 13, 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  140018 issued by the Board on March 26, 2014.  The March 26, 2014 Decision was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the February 3, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the March 26, 2014 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  140018 provided the Applicant thirty (30) days from the date of the hearing to submit a plan of action for the installation of a fire alarm system in the building and an additional one hundred fifty (150) days to implement the plan.  The Board finds that this time frame has not been complied with and declines rehearing the case.


CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

	The Board hereby reaffirms Decision  140018 and declares all variance granted therein void in accordance with Board Rule & Regulation section 6-2-23.

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)].