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 and Commissioners Booth, Filippi, Jackson, Pearson and Richard.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Octavio Vieira and Patrick Carney of the State Fire Marshals Office.
APPLICANT: Merritt Meyer and Diana Campbell.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
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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 Merritt Meyer (owner) of 240 High Street, Bristol, RI dated January 18, 2011.
3.	The Application was received by the Board and Files  110014, 110015 and 110016 opened on January 20, 2011.
4.	The matter was originally before the Board on March 8, 2011 wherein the Applicant returned with a plan of action on May 22, 2012.
5.	The matter again appeared before the Board on June 11, 2013 with a progress report at which time the Board directed that the Applicant appear again in June 2014 with an updated progress report.
6.	The matter again appeared before the Board on June 24, 2014 with a progress report at which time the Board directed that the Applicant appear again in June 2015 with an updated progress report.
7.	The matter again appeared before the Board on August 4, 2015 with a progress report at which time the Board directed that the Applicant appear again on September 22, 2015 with a definitive plan of action.
8.	On September 4, 2015 DSFM Octavio Vieira notified the Board that he would be unavailable for the September 22, 2015 hearing and requested that the matter be reassigned until October 6, 2015.
9.	A hearing on the Application was conducted on October 6, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
10.	After all evidence was presented at the hearing, a motion was made by Commissioner Pearson and seconded by Commissioner Jackson 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  110014D, 110015D and 110016D and are pertinent to the decision rendered:

1.	Variance Application  110014, 110015 and 110016 dated January 18, 2011 and filed on January 20, 2011.
2.	Decision  110014, 110015 and 110016 dated May 20, 2011.
3.	Decision  110014A, 110015A and 110016A dated June 27, 2013.
4.	Decision  110014B, 110015B and 110016B dated July 11, 2014.
5.	Decision  110014C, 110015C and 110016C dated August 20, 2015.
6.	Reschedule Notice dated June 1, 2015.
7.	Reschedule Notice dated June 5, 2015.
8.	Progress Report and Time Line from Mosaico Business & Community Development Corporation dated July 5, 2015.
9.	Email from the Board to Merritt K. Meyer [mkm67cox.net] dated July 22, 2015.
10.	State Fire Marshal's Office Inspection Report  15-737-IS [Building Group 1] dated July 23, 2015.
11.	State Fire Marshal's Office Inspection Report  15-735-IS [Building Group 2] dated July 23, 2015.
12.	State Fire Marshal's Office Inspection Report  15-857-IS [Building Group 3] dated July 23, 2015.
13.	State Fire Marshal's Office Building Description  102-30 [Building Group 1] dated June 30, 2015.
14.	State Fire Marshal's Office Building Description  102-31 [Building Group 2] dated July 22, 2015.
15.	State Fire Marshal's Office Building Description  102-32 [Building Group 3] dated July 22, 2015.
16.	Letter of Authorization for Diana Campbell, George Lima and/or Charles Garcia from Merritt K. Meyer of Mosaico Business & Community Development Corporation dated July 24, 2015.
17.	Reschedule Notice dated July 24, 2015.
18.	Email from Diana Campbell to the Board dated July 27, 2015.
19.	State Fire Marshal's Office Inspection Report  15-737-IS [Building Group 1] dated August 3, 2015.
20.	Reschedule Notice dated August 6, 2015.
21.	Email from Diana Campbell to DSFM Octavio Vieira dated August 7, 2015.
22.	Reschedule Notice dated September 8, 2015.
23.	Email from Diana Campbell to Board with plan of action attachments (15 pages) dated October 1, 2015.
24.	State Fire Marshal's Office Inspection Report  15-737-IS [Building Group 1] dated October 2, 2015.
25.	State Fire Marshal's Office Inspection Report  15-735-IS [Building Group 1] dated October 2, 2015.
26.	State Fire Marshal's Office Inspection Report  15-857-IS [Building Group 1] dated October 2, 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 matter was previously heard by the Board on March 8, 2011 at which time Decisions  110014, 110015 and 110016 were issued dated May 20, 2011.
2.	The matter was again heard by the Board on June 11, 2013 at which time Decisions  110014A, 110015A and 110016A were issued dated June 27, 2013.
3.	The matter was again heard by the Board on June 24, 2014 at which time Decisions  110014B, 110015B and 110016BA were issued dated July 11, 2014.
4.	The matter was again heard by the Board on August 4, 2015 at which time Decisions  110014C, 110015C and 110016C were issued dated August 20, 2015.
5.	The above Decisions were utilized by the Board, the Applicant and the State Fire Marshals Office during the September 22, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the May 20, 2011, June 27, 2013, July 11, 2014 and August 20, 2015 Decisions as its initial findings of fact
6.	The Board adopts the State Fire Marshal's Office Inspection Reports dated October 2, 2015 as its supplemental finding of fact. .  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
7.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby approves and adopts the Applicants plan of action dated September 30, 2015 and the associated timelines for compliance, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	The Board hereby grants the following relief for the four (4) supplemental requests for variance as set forth in Applicants letter dated September 30, 2015:
a.	Variance 1: Violation 15-557-VN - the Board hereby grants a variance to allow the existing windows in Building 123 to remain in use as an approved second means of egress.
b.	Variance 2: Violation 15-585-VN - the Board hereby grants a variance to allow the existing exposed fire alarm wiring in Building 111 to remain in use until such time that the sprinkler system installation is completed wherein this wiring will be abandoned and removed.
c.	Variance 3: Violation 15-569-VN and 15-599-VN - the Board hereby grants a time variance of six (6) months to allow the existing egress configuration in Building 222 to remain as an existing condition.  It is the understanding of the Board that this building is presently unoccupied, without any electrical utilities and is not subject to the Applicants ownership and control.  As a condition of this relief, the Board directs that this violation be reviewed by the State Fire Marshal's Office at the end of the six (6) months and that an acceptable plan of action be implemented prior to any future occupancy.
d.	Variance 4: Violation 15-645-VN - the Board hereby grants a variance to allow existing Building 211 to remain in use without sprinkler protection provided that all fire alarm system requirements be complied with in accordance with the site plan of action.
3.	In consideration of the relief granted herein, the Board directs the Applicant to provide periodic status reports and updates to the State Fire Marshal's Office at an interval of not less than every six (6) months until such time that all violations have been corrected.  The first status report shall become due and be provided to the State Fire Marshal's Office on or before April 6, 2016.
4.	In accordance with Fire Safety Code section 6-2-23, failure to comply with the full decision of the Board within the stated time frames shall void all variances herein granted.

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 6-2-17).
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 6-2-18.)  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 6-2-19).
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 6-2-20).
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.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].