As indicated in the file, a hearing involving the above-captioned property was conducted on February 9, 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 and Commissioners Booth, Filippi, Richard and Walker.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Allen McVay of the Pawtucket Fire Marshals Office and Chief Deputy State Fire Marshal James Gumbley of the State Fire Marshal's Office.
APPLICANT: Attorney Joseph Lamagna.
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 Victor C. & Mary John Santos (owner) of 19 Derby Street - Apartment 1, Pawtucket, RI dated November 12, 2015.
3.	The Application was received by the Board and File  150125 opened on December 3, 2015.
4.	The matter was initially before the Board on January 12, 2016 at which time it was reassigned until February 9, 2016 for the owner to develop a plan of action.
5.	A hearing on the Application was conducted on February 9, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Walker and seconded by Commissioner Richard to 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  150125 and are pertinent to the decision rendered:

1.	Variance Application  150125 dated November 12, 2015 and filed on December 3, 2015.
2.	Pawtucket Fire Marshals Office Inspection Report dated January 14, 2015.
3.	Email from Victor Santos to Joseph Lamagna with Applicants photographs (29) dated January 11, 2016.
4.	Reschedule Notice dated January 13, 2016.

EXHIBITS

The following documents were presented at the February 9, 2016 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 numbers of the Decision below correspond with those of the January 14, 2015 inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the February 9, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the January 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 4-story apartment (6 unit) occupancy.
3.	The building is of Type III A construction and is provided with limited partial sprinkler protection on the fourth floor and does not have a compliant fire alarm system.
4.	There is no objection by the State or Pawtucket Fire Marshals Offices 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 thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.3.4.2.3 by developing and submitting a plan of action for the installation of an approved fire alarm system throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
2.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.9 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
3.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.2.10 by providing this facility with approved exit signage, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
4.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 18.2.2.1 by providing this facility with an approved key access box, at the direction and to the satisfaction of the Pawtucket 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 Pawtucket 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)].