As indicated in the file, an administrative review of an Abatement Order involving the above-captioned property was conducted on March 15, 2016 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5 and Fire Safety Code Section 6-5-3.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Pearson, Walker, Sylvester, Booth and Thornton.
APPLICANT: Donald J. Maroney, Esq.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is Motion for Expedited Hearing and Appeal of Abatement Order 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 Motion / Appeal was filed by Donald J. Maroney, Esq. (authorized representative) of the Town of North Kingstown, 80 Boston Neck Road, North Kingstown, RI dated March 11, 2016.
3.	The Appeal was received by the Board on March 11, 2016 and an expedited review subsequently scheduled for March 15, 2016.
4.	An expedited review of the Abatement Order was conducted on March 15, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.  After review of all evidence presented by the parties, a motion was made by Commissioner Sylvester and seconded by Commissioner Booth to modify the Abatement Order 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  150074B and are pertinent to the decision rendered:

1.	Abatement Order by Chief Deputy State Fire Marshal James B. Gumbley of the State Fire Marshal's Office dated March 8, 2016.
2.	Applicants Motion for Expedited Hearing and Appeal of Abatement Order dated March 11, 2016.
3.	Applicants Amended Motion for Expedited Hearing and Appeal of Abatement Order dated March 14, 2016.

EXHIBITS

The following documents were presented at the March 15, 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 corresponds with the State Fire Marshal's Office Abatement Order dated March 8, 2016 and Applicants Motion dated March 14, 2016.  The above Order and Motion were utilized by the Board during the March 15, 2016 review on this matter.  Accordingly, the Board hereby incorporates the Order and Motion 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 Board finds that the Applicant, by Town Council Resolution No. 21 dated February 17, 2016, has voted to vacate the premises as soon as possible and to relocate all town offices to another location on or before September 30, 2016.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON ABATEMENT ORDER APPEAL

1.	In accordance with Fire Safety Code Section 6-5-3 and by agreement of the parties, the Board hereby modifies the State Fire Marshal's Office Abatement Order dated March 8, 2016 as follows:
a.	The use of the second floor is restricted to employees only and there shall be no occupancy by members of the public.  This limited use of the second floor is authorized for a period of two (2) weeks from the date of this hearing after which time all operations on this floor shall be vacated and relocated to another location.
b.	The imposed restriction on public waiting and the occupant load set at thirty-five (35) persons for the first floor are upheld.
c.	Removal of combustible storage in the basement, in conjunction with a plan to address environmental health concern, shall be completed with ten (10) days from the date of this hearing.
2.	In consideration of the relief granted herein, the Board directs the Applicant to provide a firefighter detail for the facility during all hours of operation until such time that the above conditions are complied with.

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.
2.	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: Fire Safety Code, sections 6-2-18 and 6-5-3).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].