As indicated in the file, a hearing involving the above-captioned property was conducted on July 15, 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 and Commissioners Pearson, Richard, Sylvester and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.
APPLICANT: Shahin Barzin and Michael Leber.
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 Shahin Barzin (representative) of 38 Grinnell Street, Jamestown, RI dated May 26, 2013.
3.	The Application was received by the Board and File  130114 opened on June 11, 2013.
4.	The matter was initially before the Board on June 25, 2013 at which time Decision  130114 was issued with a mailing date of July 17, 2013  this file was left open in that event that further review was required.
5.	The matter was again before the Board on November 5, 2013 at which time item  2 was amended (page 6  paragraph 2) dated November 19, 2013.
6.	On June 19, 2014 Michael Leber of MWL Consulting Company requested that item  13 be revisited as it relates to permanent relief for required sprinkler coverage.
7.	A hearing on the Application was conducted on July 8, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.  At that time a motion made by Commissioner Sylvester and seconded by Commissioner Thornton for relief did not prevail on a 4 to 0 vote with Commissioner Booth abstaining from the vote.
8.	Due to some confusion regarding the status of the abstaining vote and the related issue of recusal and its effect on maintaining a quorum to hear this matter, in fairness to both parties the matter was reassigned to July 15, 2014 to be heard de novo.
9.	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 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  130114A and are pertinent to the decision rendered:

1.	Variance Application  130114 dated May 26, 2013 and filed on June 11, 2013.
2.	Letter of authorization from Carolyn Rafaelian for Shahin Barzin dated June 5, 2013.
3.	Decision  130114 dated July 17, 2013.
4.	Letter sent by Michael Leber of MWL Consulting Company to the Board dated October 25, 2013.
5.	Notice of Amended Decision dated November 19, 2013.
6.	Letter sent by Michael Leber of MWL Consulting Company to the Board dated June 19, 2014.
7.	Reschedule Notice dated June 25, 2014.
8.	Email from ADSFM Chris Mahoney to the Board dated July 9, 2014.
9.	Reschedule Notice dated July 9, 2014.

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EXHIBITS

The following documents were presented at the July 8, 2014 hearing as exhibits:

1.	Fire Alarm Submittal Drawing from FFSG of RI.

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 July 17, 2013 Decision  130114, issued by the Board as amended on November 19, 2013.  The above Decision was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the July 15, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the July 17, 2013 Decision, as amended, 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 Newport Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

13.	The Board grants the Applicant a variance from the provisions of RILSC section 13.3.5.1 allowing the existing facility to remain without automatic sprinkler protection.  In consideration of the relief granted herein, the Board further directs that assembly use be limited to the first floor of the facility and that the total occupant load of the facility is not to exceed two hundred ninety-nine (299) persons.

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)].