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 Marshal Wayne Clark of the Newport Fire Marshals Office.
APPLICANT: Matthew McGeorge, Sam Bradner and Scott Lawrence.
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 Matthew McGeorge (authorized representative) of 333 Main Street -- Suite 6, East Greenwich, RI dated January 14, 2016.
3.	The Application was received by the Board and File  160008 opened on January 20, 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  160008 and are pertinent to the decision rendered:

1.	Variance Application  160008 dated January 14, 2016 and filed on January 20, 2016.
2.	Newport Fire Marshals Office Plan Review Report dated January 8, 2016.
3.	Letter of authorization for McGeorge Architecture Interiors from Samuel Bradner of SW 46 LLC dated January 15, 2016.

EXHIBITS

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

1.	Applicants photographs (2).
2.	Applicants drawings  A1.1 (2) dated 01.04.16.

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 8, 2016 plan review report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the February 2, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the January 8, 2016 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.	There is no objection by the Newport 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.	The Board hereby grants the Applicant a variance from the provisions of NFPA 30 (2012 edition) section 22.4.1.1 by allowing the proposed temporary bathrooms structure location in accordance with the submitted plan of action with less than the required five (5) feet of separation from the existing above-ground fuel storage tanks.
5.	This deficiency has been corrected.
6.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.6.3.3 by allowing the location of the proposed stair to the roof deck in accordance with the submitted plan of action with exposure to the southern window of the existing office buildings west wall.
7.	This deficiency has been corrected.

In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
1.	The occupant load of the proposed roof deck shall be limited to no more than forty-nine (49) persons.
2.	The existing local fire alarm system in the existing marina office building shall be maintained as a required system and that an approved initiating device(s) and notification appliance(s) be provided for the new deck area, at the direction and to the satisfaction of the Newport 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)].