As indicated in the file, a hearing involving the above-captioned property was conducted on June 23, 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 Sylvester.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Keith Maine of the Providence Fire Marshals Office.
APPLICANT: David Varone and Jim Partridge.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. 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 David Varone (authorized representative) of Johnson & Wales University, 8 Abbott Park Place, Providence, RI dated April 20, 2015.
3.	The Application was received by the Board and File  150052 opened on May 12, 2015.
4.	A hearing on the Application was conducted on June 23, 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 Sylvester and seconded by Commissioners Booth and 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  150052 and are pertinent to the decision rendered:

1.	Variance Application  150052 dated April 20, 2015 and filed on May 12, 2015.
2.	Providence Fire Marshals Office Inspection Report dated March 13, 2015.

EXHIBITS

The following documents were presented at the June 23, 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 March 13, 2015 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 June 23, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the March 13, 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.
3.	The building is of Type II(000) construction and will be provided with approved sprinkler protection and will have a compliant fire alarm system.
4.	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 thirty (30) days from the date of the decision to comply with the provisions of RILSC section 9.6.7.2.1 by developing and submitting a plan of action for the installation of an approved fire alarm directory or zone map the facility.  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 Providence Fire Marshals Office.
2.	This deficiency has been corrected.
3.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.2.2.1 by providing this facility with approved manual fire alarm boxes, at the direction and to the satisfaction of the Providence Fire Marshals Office.
4.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.1.8.1 by providing this facility with approved smoke detection in the area of the fire alarm control unit, at the direction and to the satisfaction of the Providence Fire Marshals Office.
5.	This item will be corrected with  3, above.
6.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of NFPA 25 (2011) section 5.3.2.1 by replacing or providing calibration certification for the gauges of the sprinkler system of this facility, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
7.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of NFPA 72 (2010) section 18.4.2.1 by providing approved fire alarm notification appliances throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshals Office.
8.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of NFPA 72 (2010) section 18.5.2.4 by providing approved fire alarm notification appliances throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshals Office.
9.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of NFPA 72 (2010) section 17.14.6 by providing the second floor level of this facility with approved manual fire alarm boxes, at the direction and to the satisfaction of the Providence Fire Marshals Office.
10.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.1.4 by repairing the heat detector located in the 2nd floor kitchen area, at the direction and to the satisfaction of the Providence Fire Marshals Office.
11  14.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.2.11 by providing this facility with approved smoke detection throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshals Office.
15.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 4.1.3.2.2.5 by providing this facility with approved signage for utility and electric rooms, at the direction and to the satisfaction of the Providence Fire Marshals Office.
16.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.7.6.1 by providing this facility with approved sprinkler system control valve supervisory switches, at the direction and to the satisfaction of the Providence Fire Marshals Office.
17.	This item is a duplicate of  6.
18.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 18.2.2.1 by providing this facility with an approved key access box, at the direction and to the satisfaction of the Providence Fire Marshals Office.

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(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Board Rules and Regulations, section 6-2-22.1.

&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)].