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.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.
APPLICANT: Eric Barclay DeTolly and Raymond Gomes.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under 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 Eric Barclay DeTolly (authorized representative) of 10 Broadway, Newport, RI dated January 29, 2015.
3.	The Application was received by the Board and File  150016 opened on February 6, 2015.
4.	A hearing on the Application was conducted on March 10, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review at which time Decision  150016 was issued dated March 23, 2015.
5.	On June 17, 2015 the Applicant contacted the Board and requested additional relief relating to this property, more particularly Decision  150016 item  19.
6.	A subsequent hearing on the Application was conducted on August 25, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	After all evidence was presented at the hearing, a motion was made by Vice-Chairman Blackburn and seconded by Commissioner Thornton to grant the Applicant relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150016A and are pertinent to the decision rendered:

1.	Variance Application  150016 dated January 29, 2015 and filed on February 7, 2015.
2.	Newport Fire Marshals Office Inspection Report dated November 24, 2014.
3.	Decision  060622 (2/24/09).
4.	Reschedule Notice dated February 17, 2015.
5.	Decision  150016 dated March 23, 2015.
6.	Letter from Eric Barclay DeTolly to the Board dated May 27, 2015.
7.	Letter from Eric Barclay DeTolly to the Board dated June 17, 2015.
8.	Letter of authorization for Erik Barclay and Ray Gomes from Larry Newsome dated June 30, 2015.
9.	Email from Christopher Mahoney to the Board dated July 17, 2015.
10.	Email continuance request from Ray Gomes to the Board dated July 22, 2015.
11.	Reschedule Notice dated July 22, 2015.

EXHIBITS

The following documents were presented at the August 25, 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 Decision below corresponds with those of the November 24, 2014 inspection report compiled by the Newport Fire Marshals Office and Board Decision  150016 dated March 23, 2015.  The above report and Decision were utilized by the Board, the Applicant and the Newport Fire Marshals Office during the August 25, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the November 24, 2014 inspection report and Decision  150016 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.	There is no objection by the Newport Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

19.	The Board hereby reinstates the previously granted time relief and further grants the Applicant an additional variance from the provisions of RILSC section 13.3.5.1 by allowing the installation of heat detection in lieu of sprinkler protection in the two concealed spaces of this facility within thirty (30) days from the date of the decision, at the direction and to the satisfaction of the Newport 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)].