As indicated in the file, a hearing involving the above-captioned property was conducted on January 5, 2016 before a subcommittee of the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the subcommittee hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Pearson and Sylvester.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Octavio Vieira and Robert Letourneau of the State Fire Marshals Office.
APPLICANT: Thomas Mann and Kevin Toomey.
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 Thomas A. Mann, Jr. (owner) of 825 Chalkstone Avenue, Providence, RI dated November 16, 2015.
3.	The Application was received by the Board and File  150121 opened on November 24, 2015.
4.	A hearing on the Application was conducted on January 6, 2015 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review including Chairman Newbrook and Commissioners Booth, Pearson and Sylvester.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Pearson to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on January 12, 2016 at which time Chairman Newbrook and Commissioners Booth, Filippi, Jackson and Thornton and Walker were in attendance.  At that time a motion was made by Commissioner Thornton and seconded by Commissioner Filippi to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150121 and are pertinent to the decision rendered:

1.	Variance Application  150121 dated November 16, 2015 and filed on November 24, 2015.
2.	State Fire Marshals Office Inspection Report dated November 12, 2015.
3.	State Fire Marshal's Office Building Description  409-563.

EXHIBITS

The following documents were presented at the January 5, 2016 hearing as exhibits:

1.	Applicants Plan of Action dated December 29, 2015.

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 November 12, 2015 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the January 5, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the November 12, 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 8-story business occupancy.
3.	The building is of Type II (222) construction and is not provided with approved sprinkler protection and does not have a compliant fire alarm system.
4.	The Board finds that the building is presently in the process of being sold to an outside party and that it is likely that upon sales there will be a change of occupancy requiring extensive renovations and systems upgrades.  It is expected that the sale, if concluded, will take place within the next six (6) months.  If at the conclusion of the 6-month period there is not significant movement toward the sale of the property, the Applicant will return with a definitive plan of action for the correction of the cited deficiencies.
5.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	[15-969-VN]  The Board grants the Applicant a time variance of six (6) months from the date of this hearing to finalize the sale of the property or to comply with the provisions of RIFC section 13.3.2.26 by developing and submitting a plan of action for the installation of an approved automatic sprinkler system throughout the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	[15-929-VN]  The Board grants the Applicant a time variance of six (6) months from the date of this hearing to finalize the sale of the property or to comply with the provisions of RILSC section 38.3.4.1 by providing this facility with an approved fire alarm system, at the direction and to the satisfaction of the State 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).

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)].