As indicated in the file, a hearing involving the above-captioned property was conducted on April 26, 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, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Kaitlyn Iannone and Octavio Vieira of the State Fire Marshals Office.
APPLICANT: Antonio DiMarco, Marco Tommasini and Nunzio DiMarco.
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 Marco Tommasini (authorized representative) of Tecton Architects, 17 Railroad Avenue, Westerly, RI dated February 4, 2016.
3.	The Application was received by the Board and File  160019 opened on February 11, 2016.
4.	The matter was initially before the Board on March 22, 2016 at which time the matter was reassigned to April 19, 2016 for the Applicant to return with a plan of action.
5.	On April 5, 2016 DSFM Iannone of the State Fire Marshal's Office requested the hearing be reassigned pending a meeting with the Applicants design professional on April 8, 2016 where the matter was reassigned to April 26, 2016.
6.	A hearing on the Application was subsequently conducted on April 26, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Jackson to grant the Applicant the relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160019 and are pertinent to the decision rendered:

1.	Variance Application  160019 dated February 4, 2016 and filed on February 11, 2016.
2.	State Fire Marshals Office Inspection Report dated February 9, 2016.
3.	State Fire Marshals Office Building Description  504-50 dated April 7, 2015.
4.	Letter of Authorization for Marco Tommasini from Antonio DiMarco dated February 10, 2016.
5.	Applicants revised completion remarks dated March 18, 2016.
6.	AHJs photographs (3).
7.	Reschedule Notice dated March 23, 2016.
8.	Email to the Board from DSFM Iannone dated April 5, 2016.
9.	Reschedule Notice dated April 6, 2016, 2016.

EXHIBITS

The following documents were presented at the April 26, 2016 hearing as exhibits:

1.	Plan of action letter from Marco Tommasini with drawings [11 pages] dated April 15, 2016.
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 February 9, 2016 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the April 26, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the February 9, 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 2-1/2-story with basement assembly occupancy.
3.	The building is of Type II (000) construction and is provided with approved sprinkler protection and has a compliant fire alarm system.
4.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	[15-496-VN]  This deficiency has been corrected.
2.	[15-520-VN]  This deficiency has been corrected.
3.	[15-521-VN]  This deficiency has been corrected.
4.	[15-522-VN]  This deficiency has been corrected.
5.	[15-523-VN]  This deficiency has been corrected.
6.	[15-524-VN]  This deficiency has been corrected.
7.	[15-525-VN]  This deficiency has been corrected.
8.	[15-526-VN]  This deficiency has been corrected.
9.	[15-529-VN]  The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.1.6 by allowing the existing occupancy of the third floor to remain in use.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
a.	The occupant load of this space shall be limited to and posted at forty-nine (49) persons, inclusive of any staff members or employees;
b.	That two hundred eighty-two (282) square feet of space presently designated as Pool Table Area on Applicants drawing A1.008 shall be partitioned off by a new wall assembly and utilized as a storage room only as shown on drawing A1.009;
c.	The south wall window [20 W x 40 H] shown on drawing A1.009 shall be deemed required and maintained as a secondary means of escape; and,
d.	That a twenty foot (20) fire department access road shall be required and maintained at the south perimeter of the facility to ensure fire department apparatus access to the escape window required in 9(c), above.
10.	[15-602-VN]  The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.2.3 by allowing the existing egress doors from the banquet facility to remain in use.  In consideration of the relief granted herein, the Board directs the Applicant to ensure that the occupant load of this space shall be limited to and posted at three hundred (300) persons, inclusive of any staff members or employees.
11.	[15-604-VN]  This deficiency has been corrected.
12.	[15-605-VN]  This deficiency has been corrected.
13.	[15-607-VN]  This deficiency has been corrected.
14.	[15-609-VN]  This deficiency has been corrected.
15.	[15-610-VN]  This deficiency has been corrected.
16.	[15-613-VN]  This deficiency has been corrected.
17.	[15-615-VN]  This deficiency has been corrected.
18.	[15-616-VN]  This deficiency has been corrected.
19.	[15-617-VN]  This deficiency has been corrected.
20.	[15-619-VN]  This deficiency has been corrected.
21.	[15-621-VN]  This deficiency has been corrected.
22.	 [15-495-VN]  The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.2.4 by allowing the one (1) means of egress [designated as Stair 1] from the third floor  Sky Bar space to remain in use in accordance with the conditions set forth in item 9, above.

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: Fire Safety Code, 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: Fire Safety Code, 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: Fire Safety Code, 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:  Fire Safety Code, 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: Fire Safety Code, 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)].