As indicated in the file, a hearing involving the above-captioned property was conducted on March 24, 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, Pearson, Sylvester and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Wade Palazini of the State Fire Marshals Office.
APPLICANT: Andrew Lemoi and James Stover.
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 Adrew Lemoi (representative) of 135 Wolf Rock Road, Exeter, RI dated December 1, 2014.
3.	The Application was received by the Board and File  150033 opened on March 2, 2015.
4.	A hearing on the Application was conducted on March 24, 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 Sylvester to grant the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote with Commissioner Jackson abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150033 and are pertinent to the decision rendered:

1.	Variance Application  150033 dated December 1, 2014 and filed on March 2, 2015.
2.	State Fire Marshals Office Inspection Report  14-43.FA-PM dated December 4, 2014.

EXHIBITS

The following documents were presented at the March 24, 2015 hearing as exhibits:

1.	Letter of authorization from Lorraine Y. Cyr for Andy Lemoi dated March 23, 2015.

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 4, 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 March 24, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the December 4, 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 hotel occupancy that is seasonal in nature; unoccupied and unheated from October to April annually.
3.	The building is provided with a (previously-unapproved) antifreeze sprinkler system and will have a compliant fire alarm system with emergency forces notification.
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.	[14-1262-VN]  The Board hereby grants the Applicant a variance from the provisions of NFPA 72 section 10.3.2 by allowing the installation of the proposed CWSI wireless fire alarm system.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
a.	The Applicant shall provide documentation to the State Fire Marshals Office from a licensed sprinkler contractor of the existing sprinkler system acceptance testing in accordance with NFPA 13 (2010) chapter 24.
b.	The Applicant shall provide documentation (Record of Completion) to the State Fire Marshals Office from a licensed electrical or fire alarm contractor of the newly-installed fire alarm system acceptance testing in accordance with NFPA 72 (2010) chapter 10.
c.	All control equipment, off-premises signaling equipment, sprinkler waterflow alarm initiating devices and other necessary system components that will be active during the unheated winter seasons shall be installed or located in heated or conditioned rooms, areas or enclosures in accordance with NFPA 72 chapter 10.14 or the equipments listing, at the direction and to the satisfaction of the State Fire Marshal's Office.  Further, the Board directs the Applicant to provide room temperature supervisory signal initiating devices for these heated or conditioned locations, at the direction and to the satisfaction of the State Fire Marshal's Office.
d.	The Board authorized the removal of system smoke detectors from unheated areas of the building during the unheated winter seasons, subject to the provisions of subsection (e), below.
e.	Prior to re-opening for the summer season each year, the Applicant shall provide documentation to the State Fire Marshals Office from a licensed electrical or fire alarm contractor that all smoke detectors have been replaced and that the entire fire alarm system has been returned to 100 compliance and has been inspected in accordance with RILSC section 9.6.11.

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)].