As indicated in the file, a hearing involving the above-captioned property was conducted on November 3, 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, Thornton and Walker.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Kenneth Botelho and James Bellamy of the East Providence Fire Marshals Office.
APPLICANT: Ashraf Mabrouk.
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 Ashraf Mabrouk (owner) of 45 Patton Road, East Providence, RI dated September 10, 2015.
3.	The Application was received by the Board and File  150112 opened on October 20, 2015.
4.	A hearing on the Application was conducted on November 3, 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 Thornton and seconded by Commissioners Filippi and Jackson 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  150112 and are pertinent to the decision rendered:

1.	Variance Application  150112 dated September 10, 2015 and filed on October 20, 2015.
2.	East Providence Fire Marshals Office Inspection Report dated January 20, 2015.

EXHIBITS

The following documents were presented at the November 3, 2015 hearing as exhibits:

1.	The Applicant produced several digital images of the property via his personal electronic device for the Board to view  hard copies were not provided.

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 January 20, 2015 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the November 3, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the January 20, 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 1-story storage occupancy.
3.	The building is of Types II and IV construction and is provided with approved sprinkler protection and does not have a compliant fire alarm system.
4.	There is no objection by the East Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	This deficiency has been corrected.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	This deficiency has been corrected.
13.	This deficiency has been corrected.
14.	This deficiency has been corrected.
15.	This deficiency has been corrected.
16.	This deficiency has been corrected.
17.	This deficiency has been corrected.
18.	This deficiency has been corrected.
19.	The Board grants the Applicant a time variance of ninety (90) days from the date of the decision to comply with the provisions of RIFC section 4.5.8.2 by developing and submitting a plan of action for the relocation or replacement of the three (3) obstructed fire alarm notification appliances in the facility.  The Board further grants the Applicant an additional ninety (90) days in order to implement the above plan of action, at the direction and to the satisfaction of the Newport Fire Marshals Office.  In consideration of the relief granted herein, the Board grants the Applicant option of relocating the existing notification appliances to the face of the storage racks or in the alternative, installing two (2) new ceiling-mounted appliances. 
20.	This deficiency has been corrected.
21.	This deficiency has been corrected.
22.	The Board grants the Applicant a time variance outlined in item  19 above to comply with the provisions of RIFC section 10.14.10 by removing all vegetation in close proximity to the structure, at the direction and to the satisfaction of the East Providence Fire Marshals 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).

Finally, the Board hereby authorizes the East Providence Fire Marshals Office to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Board Rules and Regulations, section 6-2-22.1.

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)].