As indicated in the file, a hearing involving the above-captioned property was conducted on July 21, 2015 before a subcommittee of 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 and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Richard Vespia of the Providence Fire Marshals Office.
APPLICANT: Timothy Yuettner.
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 Tim Yuettner (authorized representative) of Bourque Alarm Systems, PO Box 8620, Cranston, RI dated June 18, 2015.
3.	The Application was received by the Board and File  150068 opened on June 19, 2015.
4.	A hearing on the Application was conducted on July 21, 2015 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the July 21, 2015 subcommittee hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Filippi to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on August 4, 2015 at which time Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Booth, Filippi, Pearson, Sylvester and Thornton were in attendance.  At that time a motion was made by Commissioner Sylvester and seconded by Commissioner Pearson to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150068 and are pertinent to the decision rendered:

1.	Variance Application  150068 dated June 18, 2015 and filed on June 19, 2015.
2.	Providence Fire Marshals Office Plan Review Report dated June 16, 2015.
3.	Letter of authorization for Timothy Yuettner from Richard Krementz, III dated June 19, 2015.

EXHIBITS

The following documents were presented at the July 21, 2015 hearing as exhibits:

1.	Applicants Fire Alarm System Instructions & Zone List.

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 June 16, 2015 plan review 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 21, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the June 16, 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 3-story with basement multiple/mixed use (business & residential) occupancy.
3.	The Applicant has proposed installing a Honeywell 6160CR-2 wireless fire alarm system throughout the building which has been disapproved as non-compliant by the Providence Fire Marshal's Office.
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 hereby grants the Applicant a time variance of three (3) months from the date of the decision to comply with provisions of NFPA 72 (2010) section 23.18.3.5 by upgrading the proposed fire alarm system to provide the required alarm annunciation, at the direction and to the satisfaction of the Providence Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to notify the Providence Fire Marshal's Office if this update cannot be accomplished within the specified time frame and to replace the system with one that is deemed compliant, at the direction and to the satisfaction of the Providence Fire Marshal's 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).

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)].