As indicated in the file, a hearing involving the above-captioned property was conducted on March 8, 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 Richard, Filippi, Pearson, Jackson and Booth.
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 Michael Embury (authorized representative) of Town of North Kingstown, 80 Boston Neck Road, North Kingstown, RI dated July 13, 2015.
3.	The Application was received by the Board and File  150074 opened on July 14, 2015.
4.	The matter was originally before the Board on August 18, 2015 at which time Decision  150074 was issued dated August 27, 2015.
5.	On February 24, 2016 the North Kingstown Fire Marshals Office provided notice that the time deadlines set forth in the August 27, 2015 Decision have not been complied with; the building has not been vacated; and, that their office has declined to extend the deadlines.
6.	On February 25, 2016 the Applicant filed a Motion to Reopen File No. 150074 and Motion for Extension of Time.
7.	A subsequent review on the Application was conducted on March 8, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
a.	After initial review, a motion was made by Commissioner Richard and seconded by Vice-Chairman Blackburn and Commissioner Filippi to reopen file  150074 to rehear the case pursuant to Section 6-2-23 and to take additional testimony from the Applicant and AHJ.  The motion failed on a 4 to 3 vote in accordance with RIFC section 1.10.5.7 with Commissioners Pearson, Jackson and Booth voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150074A and are pertinent to the decision rendered:

1.	Variance Application  150074 dated July 13, 2015 and filed on July 14, 2015.
2.	Decision  150074 dated August 27, 2015.
3.	Applicants Motion to Reopen File No. 150074 and Motion for Extension of Time dated February 25, 2016.
4.	Updated North Kingstown Fire Marshals Office Inspection Report dated March 2, 2016.

EXHIBITS

The following documents were presented at the March 8, 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 Decision below correspond with the Applicants Motion, the March 2, 2016 inspection report compiled by the North Kingstown Fire Marshals Office and Decision  150074 dated August 27, 2015.  The above Motion, report and Decision were utilized by the Board during the March 8, 2016 review on this matter.  Accordingly, the Board hereby incorporates the Applicants Motion, the March 2, 2016 inspection report and Decision  150074 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.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	In accordance with Fire Safety Code Section 6-2-23, the Board hereby fails to find that there is good cause to rehear the case and therefore the original Decision is upheld.

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)].