As indicated in the file, a hearing involving the above-captioned property was conducted on October 6, 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, Pearson, Richard and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal James Bobola of the West Warwick Fire Marshals Office and Chief Deputy State Fire Marshal James Gumbley of the State Fire Marshal's Office.
APPLICANT: Attorney Stephen Burke and Richard Childress.
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 Robert E. Childress (owner) of 650 East Greenwich Avenue (Unit 5-308), West Warwick, RI dated August 17, 2015.
3.	The Application was received by the Board and File  150094 opened on September 1, 2015.
4.	The matter was initially before the Board on September 29, 2015 and was reassigned until October 6, 2015 due to the lack of a quorum.
5.	A hearing on the Application was scheduled on October 6, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	At this time, the Applicant determined that relief may not be necessary and voluntarily withdrew the application for variance  no vote was taken.  The file will remain open and the Applicant may return to the Board in the future if it is determined that code compliance cannot be met and relief is in fact required.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150094 and are pertinent to the decision rendered:

1.	Variance Application  150094 dated August 17, 2015 and filed on September 1, 2015.
2.	West Warwick Fire Marshals Office Inspection Report dated February 13, 2012.
3.	Reschedule notice dated September 30, 2015.

EXHIBITS

The following documents were presented at the October 6, 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 the February 13, 2012 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 October 6, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the February 13, 2012 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.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The application for relief has been withdrawn and no action taken.

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)].