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, Vice-Chairman Blackburn and Commissioners Booth, Filippi, Pearson, Sylvester, Thornton and Walker.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.
APPLICANT: Attorney Joseph Shekarchi and Janice Matthews.
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 Janice Matthews (owner) of The Jan Companies, 35 Sockanosset Cross Road, Cranston, RI dated August 27, 2015.
3.	The Application was received by the Board and File  150099 opened on September 10, 2015.
4.	The matter was initially before the Board on October 6, 2015 at which time the Applicant was directed to return to the Board in forty (40) days with a status report and updated plan of action for the repairs or replacements of the facilitys dry sprinkler system.  In consideration of the relief granted herein, the Board directs the Applicant to provide the North Kingstown Fire Marshals Office a calendar of all events scheduled during this time period with the expected attendance figures.
5.	On 10/16/15 ADSFM Walsh notified the Board that he would not be available on November 17, 2015 due to a scheduling conflict.  After confirming with the Applicants attorney, the matter was rescheduled to December 1, 2015. 
6.	A subsequent hearing on the Application was conducted on December 1, 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 Commissioner Sylvester and seconded by Commissioner Booth 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  150099 and are pertinent to the decision rendered:

1.	Variance Application  150099 dated August 27, 2015 and filed on September 10, 2015.
2.	North Kingstown Fire Marshals Office Inspection Report dated August 14, 2015.
3.	Reschedule Notice dated October 8, 2015.
4.	Reschedule Notice dated October 21, 2015.

EXHIBITS

The following documents were presented at the December 1, 2015 hearing as exhibits:

1.	None.

&8195;
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 August 14, 2015 inspection report compiled by the North Kingstown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the December 1, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the August 14, 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 2-story assembly occupancy.
3.	The building is of wood frame construction that will have an approved sprinkler system and has a compliant fire alarm system.
4.	There is no objection by the North Kingstown 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 time variance of six (6) months from the date of the decision to comply with the provisions of NFPA 25 (2011) chapter 14 by developing and implementing a plan of action for the inspection and repair of the facilitys automatic dry sprinkler system, at the direction and to the satisfaction of the North Kingstown 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 North Kingstown 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)].