As indicated in the file, a hearing involving the above-captioned property was conducted on May 20, 2014 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-Chairperson Filippi and Commissioners Booth, Burlingame, Jackson, Richard, Sylvester and Thornton.
Department of Administration Deputy Chief Legal Counsel Peter N. Dennehy.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Joseph Michalczyk and Richard Vespia of the Providence Fire Marshals Office.
APPLICANT: Joann Joseph, Barry Ganek, Jay Ieraidi, Ed Ousley and Rick Crowley.
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 initially filed by Joann L. Joseph (President) of 295 Harris Avenue, Providence, RI dated May 8, 2013.
3.	The Application was received by the Board and File  130053 opened on May 9, 2013.
4.	The matter was first before the Board on May 21, 2013 at which time Decision  130053 was issued dated June 25, 2013.
5.	The matter was again before the Board on December 10, 2013 at which time Decision  130053A was issued dated January 10, 2014.
6.	On May 7, 2014 the Applicant requested that the file be re-opened as it relates to the issue of time for compliance.
7.	A hearing on the Application was conducted on May 20, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
8.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Thornton to grant the Applicant relief as outlined herein.  The motion passed on a 6 to 2 vote with Vice-Chairperson Filippi and Commissioner Richard voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  130053B and are pertinent to the decision rendered:

1.	Variance Application  130053 dated May 8, 2013 and filed on May 9, 2013.
2.	Letter from Joann L. Joseph of Ajay Land Co. to Board dated May 7, 2014.
3.	Providence Fire Marshals Office disapproval letter from ADSFM Joseph Michalczyk to Joann Joseph dated April 30, 2014.
4.	Providence Fire Marshals Office disapproval letter from ADSFM Joseph Michalczyk to Joann Joseph dated February 24, 2014.
5.	Providence Fire Marshals Office approval letter from ADSFM Richard Vespia to Steven Younis dated July 29, 2013.
6.	Decision  130053 dated June 25, 2013.
7.	Decision  130053A dated January 10, 2014.
8.	Reschedule Notice dated May 8, 2014.
9.	E-Mail from Joann Joseph to Board dated May 9, 2014.
10.	Reschedule Notice dated May 13, 2014.

EXHIBITS

The following documents were presented at the May 13, 2014 hearing as exhibits:

1.	Photograph package  eighteen (18) pages.
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 May 21, 2013 at which time Decision  130053 was issued dated June 25, 2013.
2.	The matter was again heard by the Board on December 10, 2013 at which time Decision  130053A was issued dated January 10, 2014.
3.	The above Decisions were utilized by the Board, the Applicant and the providence Fire Marshals Office during the May 20, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the June 25, 2013 and January 10, 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.
4.	The Providence Fire Marshals Office is in opposition to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant an additional time variance of one hundred fifty (150) days from the date of the hearing to comply with the provisions of RILSC by installing a compliant automatic sprinkler system and fire alarm system with emergency forces notification within this facility (Buildings  1, 2 & 3), at the direction and to the satisfaction of the Providence Fire Marshals Office..  The Board further grants the Applicant additional relief in that the work herein described may proceed while the building is occupied by tenants.

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 6-2-17).
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)].