As indicated in the file, a hearing involving the above-captioned property was conducted on June 24, 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, Pearson, Richard, Sylvester and Thornton.
Department of Administration Deputy Chief Legal Counsel Peter N. Dennehy.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Octavio Vieira and Scott Caron of the State Fire Marshals Office.
APPLICANT: Merritt Meyer, Diana Campbell and Terry Moreira.

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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 Merritt Meyer (owner) of 240 High Street, Bristol, RI dated January 18, 2011.
3.	The Application was received by the Board and File  110014, 110015 and 110016 opened on January 20, 2011.
4.	The matter was originally before the Board on March 8, 2011 and returned with a plan of action on May 22, 2012.
5.	The matter again appeared before the Board on June 11, 2013 with a progress report at which time the Board directed that he appear again in June 2014 with an updated progress report.
6.	A hearing on the Application was conducted on June 24, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Pearson and Booth to grant the Applicant relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  110014A, 110015A and 110016A and are pertinent to the decision rendered:

1.	Variance Application  110014, 110015 and 110016 dated January 18, 2011 and filed on January 20, 2011.
2.	Decision  110014, 110015 and 110016 dated May 20, 2011.
3.	Decision  110014A, 110015A and 110016A dated June 27, 2013.
4.	Reschedule Notice dated May 16, 2014.
5.	Progress Report and Time Line from Mosaico Business & Community Development Corporation dated June 5, 2014.

EXHIBITS

The following documents were presented at the June 24, 2014 hearing as exhibits:

1.	None.

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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 March 8, 2011 at which time Decision  110014, 110015 and 110016 were issued dated May 20, 2011.
2.	The matter was again heard by the Board on June 11, 2013 at which time Decision  110014A, 110015A and 110016A were issued dated June 27, 2013.
3.	The above Decisions were utilized by the Board, the Applicant and the State Fire Marshals Office during the June 24, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the May 20, 2011 and June 27, 2013 Decisions as its initial findings of fact
4.	The Board adopts the Applicants June 5, 2014 Plan of Action and Time Line as its supplemental finding of fact. .  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
5.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby extends the time variance previously granted to the Applicant for an additional one (1) year from the date of this decision in order to allow the Applicant to continue along with the plan of action and associated time line, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	In consideration of the relief granted herein, the Board directs the Applicant to continue to provide written progress reports to the State Fire Marshals Office every six (6) months.
3.	Finally, the Board directs the parties to return to the Board during June 2015 for a further progress report.

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)].