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: Deputy State Fire Marshal Eric Kiernan of the State Fire Marshals Office.
APPLICANT: Curt Varone.
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 Exeter FD 1 (President) of Exeter FD  1, 305 Ten Rod Road, Exeter, RI dated December 27, 2014.
3.	The Application was received by the Board and File  150006 opened on January 13, 2015.
4.	A hearing on the Application was conducted on February 3, 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 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150006 and are pertinent to the decision rendered:

1.	Variance Application  150006 dated December 27, 2014 and filed on January 13, 2015.
2.	State Fire Marshals Office Inspection Report dated December 2, 2014.

EXHIBITS

The following documents were presented at the February 3, 2015 hearing as exhibits:

1.	Applicants photographs (7).

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 December 2, 2014 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the February 3, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the December 2, 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 2-story mixed (assembly, lodging & rooming house, business and storage) occupancy.
3.	The building is of Type V (000) and Type II (000) construction and is not provided with sprinkler protection and has a compliant fire alarm system.
4.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	[14-1220-VN]  The Board grants the Applicant a variance from the provisions of RILSC section 7.4.1.1 by allowing the continued use of the existing assembly hall with one (1) compliant means of egress.  It is the understanding of the Board that this hall is used infrequently (8  10 times annually) with a maximum occupant load of one hundred seven (107) persons and that there are two (2) additional non-compliant means of egress; one through the kitchen and another through the apparatus bay.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following within thirty (30) days, at the direction and to the satisfaction of the State Fire Marshals Office:
a.	Replace the exit sign within the assembly hall at the door leading to the apparatus bay.
b.	Provide appropriate signage, striping and/or other markings within the apparatus bay clearly delineating the path of egress travel from the assembly hall to the apparatus bay exit door.
c.	Provide a firefighter detail whenever the assembly hall is used by outside (non-fire department) groups.
2.	[14-1223-VN]  This deficiency has been corrected.
3.	[14-1224-VN]  This deficiency has been corrected.
4.	[14-1226-VN]  This deficiency has been corrected.
5.	[14-1227-VN]  This deficiency has been corrected.
6.	[14-1229-VN]  This deficiency has been corrected.
7.	[14-1230-VN]  This deficiency has been corrected.
8.	[14-1219-VN]  The Board hereby grants the Applicant a variance from the provisions of RIFC section 11.2 and NFPA 96 (2011 edition) section 10.1.2 by allowing the continued use of the kitchen stove without a fire suppression system.  In granting this relief, it is the understanding of the Board that the stove is used only for warming or reheating food and there is no cooking permitted that would produce grease-laden vapors.

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 6-2-22).
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)].