As indicated in the file, a hearing involving the above-captioned property was conducted on August 18, 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, Jackson, Pearson, Richard, and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.
APPLICANT: Attorney Donald Maroney, Phil Bergeron and Gary Tedeschi.
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 Michael Embury (authorized representative) of Town of North Kingstown, 80 Boston Neck Road, North Kingstown, RI dated July 13, 2015.
3.	The Application was received by the Board and File  150074 opened on July 14, 2015.
4.	A hearing on the Application was conducted on August 18, 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 Commissioners Booth and Pearson 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  150074 and are pertinent to the decision rendered:

1.	Variance Application  150074 dated July 13, 2015 and filed on July 14, 2015.
2.	North Kingstown Fire Marshals Office Inspection Report dated June 25, 2015.

EXHIBITS

The following documents were presented at the August 18, 2015 hearing as exhibits:

1.	Applicants Disposition of Violations dated August 17, 2015.
2.	AHJ photographs (12).

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 25, 2015 inspection report compiled by the North Kingstown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the August 18, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the June 25, 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 masonry construction and is not provided with approved sprinkler protection and does not have a compliant fire alarm system.
4.	The Board finds that the Town has made a decision to abandon this building and relocate to new premises within six (6) to eight (8) months and that the building will remain vacant at that time pending sale of the property.
5.	There is no objection by the North Kingstown 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 grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC section 39.2.8 by installing approved illumination of means of egress throughout the facility, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
3.	The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 39.2.9.1 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
4.	The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 7.2.1.2.4 by repairing the front entrance doors of this facility so as to ensure adequate exit width, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
5.	The Board hereby grants the Applicant a variance from the provisions of NFPA 72 (2010) section 17.14.5 by allowing the existing manual fire alarm boxes to remain in use.
6.	The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 39.3.3.2.1 by removing or treating the wainscoting throughout the main hallway and stairway with a flame retardant material, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
7.	The Board hereby grants the Applicant a time variance of six (6) months to comply with the provisions of RILSC section 39.3.3.2.2 by removing or treating the wood paneling throughout the facility with a flame retardant material, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
8.	This deficiency has been corrected.
9.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.1.2.4 by allowing the existing conference room door to remain in use, based upon a structural hardship.
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10.	The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 9.6.2.11(1) by replacing the existing heat detector located in the conference room hallway with a smoke detector, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
11.	This deficiency has been corrected.
12.	This deficiency has been corrected.
13.	This deficiency has been corrected.
14.	The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 7.10.1.5.1 by providing this facility with approved exit signage, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
15.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.5.1.1 by allowing the existing Tax Assessor and Finance office doors to remain in use, based upon a structural hardship.
16.	This deficiency has been corrected.
17.	This deficiency has been corrected.
18.	This deficiency has been corrected.
19.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 39.3.1.1 by allowing the unprotected vertical opening within this facility, based upon compliance with the following conditions within sixty (60) days of the date of this decision, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office:
a.	Remove all storage of combustible materials;
b.	Secure and restrict access to this area to authorized personnel only; and,
c.	Install heat and smoke detectors at the top of the space.
20.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.1.4.4 by allowing the existing basement door to remain in use, based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to secure this door in the closed position with access only be authorized personnel, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office..
21.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.5.3 by allowing the existing basement stairs to remain in use, based upon a structural hardship.
22.	The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RIFC section 11.1.2 by providing all open electrical junction boxes in this facility with approved covers, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
23.	This deficiency has been corrected.
24.	The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 39.3.1.2 by properly enclosing all unprotected vertical openings of this facility, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
25.	The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 7.3.4.1.2 by properly maintaining basement aisle width, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
26.	The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 39.3.4.3 by providing fire alarm notification appliances in the basement of this facility, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
27.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 39.2.4 by allowing the existing fire escape to remain in use as a second means of egress from the second floor, based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to inspect, repair and certify the fire escape as structurally sound within sixty (60) days of the date of this decision, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
28.	The Board hereby grants the Applicant the time variance outlined in item 27 above to comply with the provisions of RILSC section 7.2.8.6 by providing inspection and testing documentation of the fire escape, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
29.	The Board hereby grants the Applicant the time variance outlined in item 27 above to comply with the provisions of RILSC section 7.1.10 by providing continuous unobstructed access to door leading to the fire escape, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
30.	This deficiency has been corrected.
31.	This deficiency has been corrected.
32.	The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 9.1.2 by ensuring that all wiring in this facility is installed in accordance with NFPA 70, at the direction and to the satisfaction of the North Kingstown 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).

Finally, the Board hereby authorizes the North Kingstown Fire Marshals Office to extend the above timeline(s) for not more than two (2) consecutive thirty (30) day periods 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 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)].