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 Marshals Christopher Dillon and John Devlin of the Providence Fire Marshals Office.
APPLICANT: Michael Voccola.
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 A. Voccola, Esq. (authorized representative) of 1140 Reservoir Avenue, Cranston, RI dated July 16, 2015.
3.	The Application was received by the Board and File  150079 opened on July 28, 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 Pearson and seconded by Commissioner Richard 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  150079 and are pertinent to the decision rendered:

1.	Variance Application  150079 dated July 16, 2015 and filed on July 28, 2015.
2.	Providence Fire Marshals Office Inspection Report dated July 7, 2015.
3.	Certificate of Limited Partnership Authority for Michael A. Voccola from Elizabeth Procaccianti dated June 16, 2015.
4.	Providence Fire Marshals Office photographs (4).

EXHIBITS

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

1.	Providence Fire Marshals Office alarm incident log (9/3/14  7/2/15).

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 7, 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 August 18, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the July 7, 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 multiple/mixed use (storage and business) occupancy.  The building is presently vacant on the upper business floors and the lower level is being occupied as a parking garage for approximately thirty (30) spaces.
3.	The building is of Type II(000) construction and is provided with partial sprinkler protection and has a non-compliant fire alarm system.
4.	It is the intent of the owner that pending City approval, this building will be vacated and demolished within six (6) to eight (8) months.
5.	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  5.  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 9.6.1.4 by repairing and maintaining the fire alarm system throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to install a system of line-type heat detection throughout the garage level of the facility and both stair towers of the facility, 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)].