As indicated in the file, a hearing involving the above-captioned property was conducted on December 1, 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, Pearson, Sylvester, Thornton and Walker.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Robert McCall of the Middletown Fire Marshals Office.
APPLICANT: Timothy Wensus, Belinda Kracunas and Bill Wilk.
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 Timothy Wensus (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard - Suite  1002, Warwick, RI dated September 17, 2015.
3.	The Application was received by the Board and File  150110 opened on October 27, 2015.
4.	A hearing on the Application was conducted on December 1, 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 Sylvester and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150110 and are pertinent to the decision rendered:

1.	Variance Application  150110 dated September 17, 2015 and filed on October 27, 2015.
2.	Middletown Fire Marshals Office plan review letter dated October 14, 2015.
3.	Applicants plan of action Dated October 13, 2015.
4.	Letter of authorization for Jensen Hughes from K&K Beach Club, LLC dated October 7, 2015.

EXHIBITS

The following documents were presented at the December 1, 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 October 14, 2015 plan review letter compiled by the Middletown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Middletown Fire Marshals Office during the December 1, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the October 14, 2015 plan review 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 with partial basement assembly occupancy.
3.	The building is of Type V (000) and II (000) construction and is provided with approved sprinkler protection and has a compliant fire alarm system.
4.	There is no objection by the Middletown 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 13.1.6 by allowing the use of the second floor as an assembly occupancy with a maximum occupant load not to exceed five hundred (500) persons, at the direction and to the satisfaction of the Middletown Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to maintain the occupant load of the second floor at or below three hundred (300) persons until such time that the construction of the new exterior stair has been completed.  The Board further directs that there be no occupancy of the second floor during the time period when the existing exterior stair is being demolished and the new exterior stair is completed.
2.	The Board grants the Applicant a variance from the provisions of RILSC section 13.2.3.6.2 by allowing the continued use of the existing interior stair as currently configured.
3.	The Board grants the Applicant a variance from the provisions of RILSC section 7.2.2.3.2.2 by allowing the continued use of the existing interior stair as currently configured.

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)].