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 Keith Maine of the Providence Fire Marshals Office.
APPLICANT: Alan Sepe.
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 Alan Sepe (authorized representative) of City of Providence; 25 Dorrance Street, Providence, RI dated April 6, 2015.
3.	The Application was received by the Board and File  150057 opened on May 12, 2015.
4.	The matter was initially before the Board on May 26, 2015 at which time the Applicant was directed to return to the Board on July 21, 2015 with a plan of action for upgrading the facility fire alarm system.
5.	After all evidence was presented at the July 21, 2015 subcommittee hearing, a motion was made by Commissioner Filippi and seconded by Commissioner Booth 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  150057 and are pertinent to the decision rendered:

1.	Variance Application  150057 dated April 6, 2015 and filed on May 12, 2015.
2.	Providence Fire Marshals Office Inspection Report dated October 28, 2014.
3.	Email from ADSFM Keith Maine of the Providence Fire Marshals Office to the Board dated May 26, 2015.
4.	Reschedule Notice dated May 28, 2015.

EXHIBITS

The following documents were presented at the July 21, 2015 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 numbers of the Decision below correspond with those of the October 28, 2014 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 July 21, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the October 28, 2014 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 5-story business occupancy with approximately 121,856 sq. ft., built in 1874.
3.	The building is of Type II(000) construction and is provided with limited/partial sprinkler protection (1st floor only) and does not 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 three (3) months from the date of the decision to comply with the provisions of RILSC section 9.6.1.8.1 by developing and submitting a plan of action for the installation of an approved fire alarm system throughout the facility.  The Board further grants the Applicant an additional nine (9) months in order to implement the above plan of action, at the direction and to the satisfaction of the Providence Fire Marshals Office.
2.	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, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
3.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.7.2.1, 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 9.6.9.2, at the direction and to the satisfaction of the Providence Fire Marshals Office.
5.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.9.9, at the direction and to the satisfaction of the Providence Fire Marshals Office.
6.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.11.5, 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 14.4.9, 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 17.14.6, 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 18.5.2.4, 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 NFPA 72 (2010) section 18.4.2.1, 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.

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 after 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 and R.I.G.L. 23-28.3-6).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].