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: Deputy State Fire Marshal Michael Macaruso of the State Fire Marshals Office.
APPLICANT: Robert Kielbasa.
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 Kielbasa (member) of The Green Realty, LLC, 1272 West Main Road, Middletown, RI dated May 19, 2009.
3.	The Application was received by the Board and File  090172/090228/090294 opened on May 22, 2009.
4.	These matters were originally before the Board on August 23, 2011 and were subsequently rescheduled to October 25, 2011.  At that time Decision  090172/090228/090294 was issued dated December 21, 2011.
5.	On May 15, 2012 the Applicant again appeared before the Board at which time Decision  090172A/090228A/090294A was issued dated July 19, 2012.
6.	On June 10, 2014 the Applicant requested that the matter again be heard by the Board for additional time relief.
7.	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.
8.	After all evidence was presented at the hearing, a motion was made by Commissioner Blackburn and seconded by Commissioner Sylvester 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  090172B/090228B/090294B and are pertinent to the decision rendered:

1.	Variance Application  090172/090228/090294 dated May 19, 2009 and filed on May 22, 2009.
2.	Decision 090172A/090228A/090294A dated July 19, 2012.
3.	Letter from The Green Realty, LLC to the Board dated June 10, 2014.
4.	Letter from Purvis Systems, Inc. to Green Realty dated March 11, 2014.
5.	Reschedule Notice dated June 25, 2014.

EXHIBITS

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

1.	None.

&8195;
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 Decision below corresponds with Decision 090172A/090228A/090294A dated July 19, 2012.  The above Decision was utilized by the Board, the Applicant and the State Fire Marshals Office during the July 29, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the July 19, 2012 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.
2.	The Board finds that on or about March 11, 2014 the Applicant received notice from the single tenant of the main and top floors, who have occupied this space for the past thirty-eight (38) years would not be renewing their lease past December 31, 2014.
3.	The Board finds that the Applicant does not have any prospective tenants for this soon to be vacant space and unable to predict what renovations or construction will be necessary in this space to accommodate any new tenant(s).
4.	The Board finds that the lower floor which houses the child day care occupancy is now protected throughout by automatic sprinklers and that the building is protected throughout be an approved fire alarm system.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby amends the decision covering file numbers 090172A, 090228A and 090294A in order to incorporate the following time schedule for the completion of sprinkler coverage within this facility.  The Board hereby approves the following time schedule developed by the parties.
	Executed easement agreement with Old Farm, LLC  Completed.
	New six hundred (600) foot water line installed into the building  Completed.
	Lower floor sprinkler system installed  Completed.
	Main floor sprinkler system installed  Prior to occupancy, but no later than November 15, 2015.
	Top floor sprinkler system installed  Prior to occupancy, but no later than November 15, 2015.

In consideration of the relief granted herein, the Board directs the Applicant to provide this sprinkler protection in accordance with NFPA 13 which includes the attic space when the sprinklers on the top floor are installed.

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 State 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).
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)].