As indicated in the file, a show cause hearing involving the above-captioned property was conducted on March 31, 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, Jackson, Richard, Thornton and Walker.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Keith Maine of the Providence Fire Marshals Office.
APPLICANT: Martha Cargoe.
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 Martha Cargoe (owner) of 868 Plainfield Street, Providence, RI dated June 10, 2014.
3.	The Application was received by the Board and File  140075 opened on June 30, 2014.
4.	The matter was first before the Board on July 29, 2014 at which time Decision  140075 was issued dated August 1, 2014.
5.	On March 10, 2015 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.
6.	On March 12, 2015 Notice was sent to the Applicant to appear on March 24, 2015 and show cause, if any, why the previous Decision should not be declared void and all deficiencies reinstated.
7.	On March 23, 2015 the Applicant notified the Board that she would be unable to appear at the scheduled hearing due to illness.  The Applicant was advised at that time to appear the following week, March 31, 2015.
8.	A show cause hearing on Decision  140075 was conducted on March 31, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
9.	After all evidence was presented at the March 31, 2015 hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Walker 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  140075 and are pertinent to the decision rendered:

1.	Variance Application  140075 dated June 10, 2014 and filed on June 30, 2014.
2.	Providence Fire Marshals Office Inspection Report dated May 30, 2014.
3.	Decision  140075 dated August 1, 2015.
4.	Letter from ADSFM Keith Maine of the Providence Fire Marshals Office to the Board dated March 10, 2015.
5.	Hearing Notice dated March 12, 2015.
6.	Reschedule Notice dated March 24, 2015.

EXHIBITS

The following documents were presented at the March 31, 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 matter was previously heard by the Board on July 29, 2014 at which time Decision  140075 was issued dated August 1, 2014.
2.	The above Decision was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the March 31, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the August 1, 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.
3.	Decision  140075 granted the Applicant a total of one hundred eighty (180) days from the date of the Decision in which to bring the building into compliance.
4.	The Board finds that the compliance date set forth in the previous decision has not been complied with.
5.	There is no objection by the Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

The Board hereby reinstates and modifies the relief granted pursuant to the previous decisions under Rules 6-2-22 and 6-2-23 as follows:

1.	The Applicant shall an additional sixty (60) days from the date of the decision in which to bring the building into full compliance with the Rhode Island Fire Safety Code, at the direction and to the satisfaction of the Providence 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).

Finally, the Board hereby authorizes the Providence Fire Marshals Office to extend the above timeline for good faith efforts being demonstrated by the applicant.

&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 6-2-17).
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)].