As indicated in the file, a hearing involving the above-captioned property was conducted on August 4, 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, Pearson, Sylvester and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Michael Morin of the Woonsocket Fire Marshals Office.
APPLICANT: Rajender Singh, Timothy Wensus and Daniel Dedentro.
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 Rajender Singh (owner) of 463 Worcester Road -- Suite 104, Framingham, MA dated July 15, 2015.
3.	The Application was received by the Board and File  150076 opened on July 15, 2015.
4.	A hearing on the Application was conducted on August 4, 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 Thornton 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  150076 and are pertinent to the decision rendered:

1.	Variance Application  150076 dated July 15, 2015 and filed on July 15, 2015.
2.	Woonsocket Fire Marshals Office Inspection Report dated July 15, 2015.
3.	Jensen Hughes Plan of Action Report dated July 23, 2015.
4.	Reschedule Notice dated July 24, 2015.

EXHIBITS

The following documents were presented at the August 4, 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 July 15, 2015 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the August 4, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the July 15, 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 a proposed 4-story multiple/mixed use (business and educational) occupancy.
3.	The building is of Type II(222) construction and will be provided with approved sprinkler protection and will have a compliant fire alarm system.
4.	There is no objection by the Woonsocket Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	This deficiency has been corrected.
2.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 14.2.2.3 and 7.2.2.2.1(b) by allowing the existing rear stairway with a clear width of thirty-three (33) inches at its narrowest point to remain in use, based upon a structural hardship.
3.	The Board grants the Applicant a time variance until the commencement of the 2016 school year to fully comply with the provisions of RILSC section 14.3.5.1 by installing an approved automatic sprinkler system throughout the facility, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to provide an approved automatic sprinkler system for the basement, first floor and second floor tenant spaces and common areas as referenced in Phase I of the July 23, 2015 plan of action prior to occupancy as an educational occupancy for the 2015 school year, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
4.	The Board further directs that the file in this matter may be reopened for further review in the event that difficulties or unforeseen circumstances are encountered during this project.

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 Woonsocket 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)].