As indicated in the file, a subcommittee hearing involving the above-captioned property was conducted on January 6, 2015 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5 and Board Rule & Regulation 6-2-5.
	In attendance at the subcommittee hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Richard and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Kenneth Botelho and James Bellamy of the East Providence Fire Marshals Office.
APPLICANT: Gary McKiernan and Philip Koeniger.
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 Jeffrey Ball (Vice President) of Aspen Aerogels, 3 Dexter Road, East Providence, RI dated November 20, 2014.
3.	The Application was received by the Board and File  140156 opened on December 17, 2014.
4.	A hearing on the Application was conducted on January 6, 2015 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review including Chairman Newbrook and Commissioners Booth, Richard and Thornton.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Booth to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendation were subsequently presented to the Board for acceptance on January 13, 2015 at which time Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Booth, Filippi, Jackson, Pearson, Richard, Sylvester, Thornton and Walker were in attendance.  At that time a motion was made by Commissioner Thornton and seconded by Commissioner Booth to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 10 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140456 and are pertinent to the decision rendered:

1.	Variance Application  140156 dated November 20, 2014 and filed on December 17, 2014.
2.	East Providence Fire Marshals plan review letter dated December 8, 2014.

EXHIBITS

The following documents were presented at the January 6, 2015 subcommittee hearing as exhibits:

1.	Architectural Code Study  A-002 dated June 16, 2014.

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 8, 2014 plan review letter compiled by the East Providence Fire Marshals Office.  The above letter was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the January 6, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the December 8, 2014 plan review 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 1-story industrial occupancy.
3.	The building is of non-combustible construction and is provided with sprinkler protection and has a compliant fire alarm system.
4.	The occupant load of the area in question is limited to seven (7) employees with occasional employee-escorted visitors.
5.	There is no objection by the East Providence 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 40.2.6 by allowing a maximum travel distance not to exceed one hundred (100) feet for the new (third) manufacturing line.

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)].