As indicated in the file, a hearing involving the above-captioned property was conducted on February 23, 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, Jackson, Pearson and Richard.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Michael Dutilly of the Harrisville Fire Marshals Office and Deputy State Fire Marshal Thomas Dettore of the State Fire Marshals Office.
APPLICANT: Jerome Godin.
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 Jerome Godin (owner) of Stillwater Mills, LLC, 42 Rocco Drive, Blackstone, MA dated January 7, 2016.
3.	The Application was received by the Board and File  160012 opened on January 20, 2016.
4.	A hearing on the Application was conducted on February 23, 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 Commissioner Richard and seconded by Commissioner Jackson 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  160012 and are pertinent to the decision rendered:

1.	Variance Application  160012 dated January 7, 2016 and filed on January 20, 2016.
2.	Harrisville Fire Marshals Office Inspection Report dated September 11, 2015.

EXHIBITS

The following documents were presented at the February 23, 2016 hearing as exhibits:

1.	Harrisville Fire Marshals Office Inspection Report dated February 16, 2016.
2.	AHJs photographs (5).

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 September 11, 2015 inspection report compiled by the Harrisville Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Harrisville Fire Marshals Office during the February 23, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the February 23, 2016 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 multiple/mixed use (industrial and storage) occupancy.
3.	The building is of Type IV and Type II construction and is not currently provided with approved sprinkler protection and does not have a compliant fire alarm system.
4.	There is no objection by the Harrisville or State 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 7.9.1.3 by providing approved emergency lighting throughout the facility, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
2.	This deficiency has been corrected.
3.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.2.1.8.1 by providing the entrance door of this facility with an approved self-closing device, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
4.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.9.9 by providing this facility with an approved circuit breaker lock for the fire alarm power supply, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
5.	This deficiency has been corrected.
6.	The Board hereby grants the Applicant a time variance of fifteen (15) days from the date of the hearing to comply with the provisions of RIFC section 13.6.9.3.1.1.1 by properly maintaining and inspecting all fire extinguishers, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
7.	This deficiency has been corrected.
8.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.2.11 by providing this facility with approved fire alarm detection, at the direction and to the satisfaction of the Harrisville Fire Marshal's Office.
9.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 40.2.9.1 and 7.9.1.1 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Harrisville Fire Marshal's Office.
10.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 12.5.4 by removing the non-compliant tarpaulins, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
11.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 40.2.10 and 7.10.1.5.1 by providing this facility with approved exit signage, at the direction and to the satisfaction of the Harrisville Fire Marshal's Office.
12.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC sections 11.1.7.5 and 11.1.7.6 by removing the non-compliant extension cords, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
13.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 10.19.1 by properly removing and maintaining all spaces free from storage within the boiler room, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
14.	The Board hereby grants the Applicant the time variance outlined in item 6 above to comply with the provisions of RIFC section 13.6.9.3.1.1.1 by properly maintaining and inspecting all fire extinguishers, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
15.	The Board hereby grants the Applicant the time variance outlined in item 6 above to comply with the provisions of RIFC section 13.6.9.3.1.1.1 by properly maintaining and inspecting all fire extinguishers, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
16.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 66.9.5 by properly storing all flammable liquids, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
17.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 7.2.1.4.5 and 7.2.1.8.1 by maintaining and providing the door at the bottom of the stairs of this facility with an approved self-closing device, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
18.	This deficiency has been corrected.
19.	The Board hereby grants the Applicant the time variance outlined in item 6 above to comply with the provisions of RIFC section 13.6.9.3.1.1.1 by properly maintaining and inspecting all fire extinguishers, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
20.	The Board hereby grants the Applicant the time variance outlined in item 6 above to comply with the provisions of RIFC section 13.6.9.3.1.1.1 by properly maintaining and inspecting all fire extinguishers, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
21.	This deficiency has been corrected.
22.	This deficiency has been corrected.
23.	This deficiency has been corrected.
24.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 40.2.9.1 and 7.9.1.1 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Harrisville Fire Marshal's Office.
25.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 40.2.9.1 and 7.9.1.1 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Harrisville Fire Marshal's Office.
26.	The Board hereby grants the Applicant the time variance outlined in item 6 above to comply with the provisions of RIFC section 13.6.9.3.1.1.1 by properly maintaining and inspecting all fire extinguishers, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
27.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of NFPA 25 (2011 edition) section 4.1.2 by properly access to the sprinkler control valves of the facility, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
28.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 10.19.1 by properly removing and maintaining all spaces free from storage, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
29.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of NFPA 25 (2011 edition) section 5.2.2.2 by removing any external materials from the facility sprinkler piping, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
30.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 11.1.2 by properly maintaining all electrical junction boxes, at the direction and to the satisfaction of the Harrisville Fire Marshals Office.
31.	This deficiency has been corrected.
32.	This deficiency has been corrected.
33.	The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RIFC sections 13.3.2.27.2, 13.3.1.1 and 10.8.1 by properly repairing and maintaining all sprinkler system components, at the direction and to the satisfaction of the Harrisville 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)].