As indicated in the file, a hearing involving the above-captioned property was conducted on July 29, 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 Blackburn, Booth, Richard, Sylvester and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Keith Maine of the Providence Fire Marshals Office.
APPLICANT: Marylee OBrien and Scott Rouisse.
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 Robert Day, LLC (owner) of 10 Dorrance Street - Suite 510, Providence, RI dated June 5, 2014.
3.	The Application was received by the Board and File  140067 opened on June 6, 2014.
4.	A hearing on the Application was conducted on July 29, 2014 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 Blackburn 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  140067 and are pertinent to the decision rendered:

1.	Variance Application  140067 dated June 5, 2014 and filed on June 6, 2014.
2.	Providence Fire Marshals Office Inspection Report dated April 30, 2014.
3.	Reschedule Notice dated July 9, 2014.
4.	Board Decision  010082 dated November 7, 2001.

EXHIBITS

The following documents were presented at the July 29, 2014 hearing as exhibits:

1.	Applicants Emergency Evacuation Plan (Ground Floor).

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 April 30, 2014 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the July 8, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the April 30, 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 12-story multiple/mixed use occupancy consisting of mercantile and business uses.
3.	The building is of Type III (000) construction and is provided with sprinkler protection and has a non-compliant fire alarm system.
4.	The subject building was previously before the Board on September 25, 2001 at which time Decision  010082 was issued dated November 7, 2001 granting relief from the provisions of RIGL  23-28.25-4(c).  This relief is carried forward and corresponds to item  2 below as to RILSC  11.8.6.2(2), Fire department two-way telephone communication service panels and controls.
5.	The buildings main fire alarm control unit (FACU) is presently located in the room identified as ELEV. PANEL on the Applicants Emergency Evacuation Plan.  This room is located between two elevator banks and the one freight elevator has a rear door that opens into this room.
6.	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

1.	The Board grants the Applicant a time variance of forty-five (45) days from the date of the hearing to comply with the provisions of RILSC section 9.6.2.11 by implementing a plan of action for the installation of approved fire alarm system smoke detection in all stairwells and common hallways within this facility, at the direction and to the satisfaction of the Providence Fire Marshals Office.
2.	The Board grants the Applicant a time variance of thirty (30) days from the date of the hearing to comply with the provisions of RILSC sections 37.4.2 and 11.8.6 by developing a plan of action to remotely locate the following emergency functions in the ELEV. PANEL room:
 11.8.6.2(4) Elevator floor location and operation annunciators
 11.8.6.2(5) Elevator fire recall switch in accordance with ASME A17.1/CSA B44, Safety Code for Elevators and Escalators
 11.8.6.2(6) Elevator power selector switch(es) where provided in accordance with ASME A17.1/CSA B44
 11.8.6.2(8) Emergency generator status indicators

The Board grants the Applicant a variance from the provisions of RILSC  11.8.6.2(11) to not provide a telephone for fire department use with controlled access to the public telephone system.

The Board grants the applicant an additional one hundred fifty (150) days to implement this plan of action, at the direction and to the satisfaction of the Providence Fire Marshals Office.


In consideration of the relief granted herein, the Board directs the Applicant to certify to the Providence Fire Marshals Office that the elevator car door opening into the ELEV. PANEL room has a minimum fire-resistance rating of one (1) hour and that this door does not automatically open upon activation of the fire alarm system elevator recall feature  only the lobby-side door of this car shall open automatically upon recall.

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.

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).
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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)].