As indicated in the file, a hearing involving the above-captioned property was conducted on February 2, 2016 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, Richard and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Timothy Lutz, Sr. and Keith Maine of the Providence Fire Marshals Office.
APPLICANT: Daniel Johnson, Adam Rankin, Mike Morgan and Damien Carini.
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 Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Damien Carini (authorized representative) of Dimeo Construction Co., 75 Chapman Street, Providence, RI dated January 13, 2016.
3.	The Application was received by the Board and File  160005 opened on January 14, 2016.
4.	A hearing on the Application was conducted on February 2, 2016 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 Vice-Chairman Blackburn and seconded by Commissioner Richard to grant the Applicant the 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  160005 and are pertinent to the decision rendered:

1.	Variance Application  160005 dated January 13, 2016 and filed on January 14, 2016.
2.	Providence Fire Marshals Office Inspection Report dated March 25, 2015.

EXHIBITS

The following documents were presented at the February 2, 2016 hearing as exhibits:

1.	Applicants Project Manual (6 sections) dated 2016.02.02.

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 March 25, 2015 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the February 2, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the March 25, 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 a proposed 3-story multiple/mixed use (academic center) occupancy.
3.	The building is presently under construction and the contractor has placed into use ten (10) temporary REXO-THERM 400/600 NATURAL GAS CONSTRUCTION HEATERS.
4.	The contractor is currently providing 24/7 monitoring of these units through the use of construction personnel during the day and a private security company during off-hours and is seeking authorization to omit the on-site monitoring during off hours when the site is not occupied by construction personnel.
5.	There is no objection by the Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of RIFC section 16.2.1.8 by allowing the use of temporary wireless [or other approved method] fire detection to monitor the areas where these devices are located in lieu of the current physical monitoring by security personnel.  In consideration of the relief granted herein, the Board directs the Applicant to provide electronic monitoring that is continuously supervised by a third party at a constantly attended location, at the direction and to the satisfaction of the Providence Fire Marshal's 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)].