As indicated in the file, a hearing involving the above-captioned property was conducted on February 17, 2015 before a subcommittee of 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 Richard, Sylvester and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Michael Macaruso and Christine Kent of the State Fire Marshal's Office and Assistant Deputy State Fire Marshal Christopher Dillon of the Providence Fire Marshals Office.
APPLICANT: Derek Wagner and Gerard Wagner.
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 Derek Wagner (owner) of 142 Sutton Street, Providence, RI dated November 25, 2014.
3.	The Application was received by the Board and File  140149 opened on November 25, 2014.
4.	The matter was previously before the Board on a number of occasions, most recently on June 11, 2013 at which time Decision  120110 was issued dated. June 27, 2013.
5.	A hearing on the Application was conducted on December 9, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review at which time Decision  140149 was issued with a mailing date of December 19, 2014.
6.	On December 30, 2014 the Applicant requested that the Decision be reheard to address an additional request for relief and the matter was reassigned to February 17, 2015.
7.	A hearing on the Application was conducted on February 17, 2015 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review including Chairman Newbrook and Commissioners Richard, Sylvester and Thornton.
8.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Richard to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
9.	The subcommittee recommendation was subsequently presented to the Board for acceptance on February 24, 2015 at which time Chairman Newbrook and Commissioners Booth, Filippi, Pearson, Richard, Sylvester and Thornton were in attendance.  At that time a motion was made by Commissioner Thornton and seconded by Commissioner Sylvester to accept the subcommittee recommendation and 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  140149A and are pertinent to the decision rendered:

1.	Variance Application  140149 dated November 25, 2014 and filed on November 25, 2014.
2.	State Fire Marshals Office Inspection Report dated November 25, 2014.
3.	Decision  140149 dated December 19, 2014.
4.	Letter from Derek Wagner to the Board dated December 30, 2014.
5.	Reschedule Notice dated January 30, 2015.

EXHIBITS

The following documents were presented at the February 17, 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 numbers of the Decision below correspond with those of the December 19, 2014 Decision issued by the Board.  Accordingly, the Board hereby incorporates the December 19, 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.	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

6.	[13-654-VN]  The Board hereby amends item  6 of the December 19, 2014 Decision to include the domestic sprinkler valve located outside of the closet area to be secured by lock and chain in lieu of the required electrical supervision.

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 6-2-17).
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 6-2-18.)  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 6-2-19).
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 6-2-20).
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.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].