As indicated in the file, a hearing involving the above-captioned property was conducted on April 28, 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, Filippi, Jackson and Richard.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Thomas Dettore of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Alan McVay of the Pawtucket Fire Marshals Office.
APPLICANT: Wendy M. Looker and Attorney Michael Mineau.
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 Wendy M. Looker (Manager - Wayngel Realty) of 686 Wilbur Avenue, Swansea, MA dated [undated].
3.	The Application was received by the Board and File  150042 opened on April 6, 2015.
4.	A hearing on the Application was conducted on April 28, 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 Richard and seconded by Commissioner Jackson 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  150042 and are pertinent to the decision rendered:

1.	Variance Application  150042 dated [undated] and filed on April 6, 2015.
2.	State Fire Marshals Office Inspection Report dated April 1, 2015.
3.	State Fire Marshals Office Building Description  163 dated April 2, 2015

EXHIBITS

The following documents were presented at the April 28, 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 numbers of the Decision below correspond with those of the April 1, 2015 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 April 28, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the April 1, 2015 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 2-story business occupancy with a basement.
3.	The building is of Type V(000) construction and is not provided with approved sprinkler protection and has a compliant fire alarm system.
4.	There is no objection by the State Fire Marshals Office or the Pawtucket Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	[15-268-VN]  The Board grants the Applicant a variance from the provisions of RILSC section 39.2.1.1 by allowing the existing egress system for the second floor to remain in use based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to install approved exit signage indicating the access to the two (2) fire escapes and that the doors to the rooms accessing the fire escapes have no locks.
2.	[15-269-VN]  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to develop a plan of action to comply with the provisions of RILSC section 39.3.1.1 by providing the lower level stairway of this facility with an approved rated door with self-closing device at the top of the stairs.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the State Fire Marshal's Office.
3.	[15-273-VN]  The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 39.2.2.10 by extending the existing fire escape ladders to within two (2) feet of the ground.
4.	[15-274-VN]  This deficiency has been corrected.
5.	[15-286-VN]  The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 39.3.1.1 by providing the top level stairway of this facility with an approved rated doors with self-closing devices, at the direction and to the satisfaction of the State Fire Marshal's Office.
6.	[15-267-VN]  This deficiency has been corrected.

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 6-2-22).
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)].