As indicated in the file, a hearing involving the above-captioned property was conducted on April 19, 2016 before a subcommittee of 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 Filippi, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Scott Derry of the Providence Fire Marshals Office.
APPLICANT: Timothy Wensus, Kathleen Bartels and Lisa Dantas.
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 Timothy Wensus (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard -- Suite 1002, Warwick, RI dated February 22, 2016.
3.	The Application was received by the Board and File  160042 opened on March 4, 2016.
4.	This property was previously before the Board on January 30, 2009, March 3, 2010 and February 9, 2011 at which times Decisions  080231, 080231A and 080231B were issued.
5.	A hearing on the Application was conducted on April 19, 2016 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Filippi and seconded by Commissioner Thornton to grant the Applicant the relief as outlined herein.  The motion passed on a 4 to 0 vote.
7.	The subcommittee recommendations were subsequently presented to the Board for acceptance on April 26, 2016 at which time Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Richard, Filippi, Pearson, Jackson, Booth and Thornton were in attendance.  At that time a motion was made by Commissioner Thornton and seconded by Commissioner Richard to accept the subcommittee recommendation and grant the Applicant relief as outlined herein.  The motion passed on a 7 to 0 vote with Vice-Chairman Blackburn abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160042 and are pertinent to the decision rendered:

1.	Variance Application  160042 dated February 22, 2016 and filed on March 4, 2016.
2.	Jensen Hughes Plan of Action Report dated February 22, 2016.
3.	Letter of Authorization for Jensen Hughes from Daniel Corley dated February 17, 2016.
4.	Email from ADSFM Scott Derry of the Providence Fire Marshals Office dated February 22, 2016.
5.	Decision  080231 dated January 30, 2009.
6.	Decision  080231A dated March 3, 2010.
7.	Decision  080231B dated February 9, 2011.

EXHIBITS

The following documents were presented at the April 19, 2016 hearing as exhibits:

1.	Applicants First Floor Plan drawing  A1.01..

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 22, 2016 Plan of Action Report compiled by Jensen Hughes.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the April 19, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the February 22, 2016 Plan of Action 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 3-story multiple/mixed use (educational and business) 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 Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 3.3.83.1, 15.2.1.2 and 15.2.1.4 by allowing both the lower level and the middle level of the existing building to be designated as the level of exit discharge.
2.	Request for relief was withdrawn.

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).

The Board directs that this file may be reopened if needed in order to allow the Applicant to return in the future should additional relief be required for the completion of this project.

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)].