As indicated in the file, a hearing involving the above-captioned property was conducted on August 25, 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, Vice-Chairman Blackburn and Commissioners Booth, Filippi, Jackson, Pearson, Richard and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal James Bobola of the West Warwick Fire Marshals Office.
APPLICANT: John T. Knight and Eric Wishart.
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 John T. Knight (authorized representative) of 458 Weaver Hill Road, West Warwick, RI dated [undated].
3.	The Application was received by the Board and File  150050 opened on May 6, 2015.
4.	The matter was initially before the Board on May 26, 2015 at which time the Applicant was not prepared to go forward and was directed by the Board to appear on July 28, 2015 with a plan of action for the facility.
5.	On July 24, 2015 the Applicant notified the Board that he has unsuccessfully attempted to retain a design professional to assist with the plan of action and requested additional time in which to do so.
6.	On July 24, 2015 the Board consulted with the West Warwick Fire Marshal's Office, who had no objection to the request for additional time and the matter was reassigned until August 4, 2015.
7.	The matter was again before the Board on August 4, 2015 at which time the Applicant was not prepared to go forward and was directed by the Board to appear on August 25, 2015 with a plan of action for the facility.
8.	A hearing on the Application was conducted on August 25, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
9.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed on a 5 to 3 vote with Vice-Chairman Blackburn and Commissioners Booth and Richard voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150050 and are pertinent to the decision rendered:

1.	Variance Application  150050 dated [undated] and filed on May 6, 2015.
2.	West Warwick Fire Marshals Office Inspection Report dated July 30, 2014.
3.	Letter of authorization for John Knight from Earl P. Knight dated May 26, 2015.
4.	AHJs photographs (5 pages).
5.	Reschedule Notice dated May 28, 2015.
6.	Reschedule Notice dated July 24, 2015.
7.	Existing Floor Layout Plan A-1 dated August 1, 2015.
8.	Reschedule Notice dated August 5, 2015.


EXHIBITS

The following documents were presented at the August 25, 2015 hearing as exhibits:

1.	Applicants amended drawing A1 with August 24, 2015 revisions.
2.	Applicants Plan of Action letter dated August 25, 2015.

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 30, 2014 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the August 25, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the July 30, 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 2-story mixed use (industrial and mercantile) occupancy.
3.	The building is of cement block, metal and wood construction and is not provided with approved sprinkler protection and does not have a compliant fire alarm system.
4.	There is no objection by the West Warwick 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 variance from the provisions of RILSC section 40.3.4.1 by allowing the Applicant to provide approved separation between the occupancies thereby configuring the spaces to below the thresholds wherein a fire alarm system would be required, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
2.	The Board grants the Applicant a variance from the provisions of RIFC section 30.2.7 by allowing the Applicant to provide approved separation between the occupancies thereby configuring the spaces to below the thresholds wherein an automatic sprinkler system would be required, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
In consideration of the relief granted herein, the Board directs the Applicant to provide to the AHJ certification of the structural integrity of all fire walls by a professional engineer, at the direction and to the satisfaction of the West Warwick 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 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)].