As indicated in the file, a hearing involving the above-captioned property was conducted on May 3, 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, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Octavio Vieira of the State Fire Marshal's Office.
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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 Steven Denoyelle (authorized representative) of RI BHDDH, 14 Harrington Road, Cranston, RI dated November 16, 2015.
3.	The Application was received by the Board and File  150120 opened on November 24, 2015.
4.	A hearing on the Application was conducted on December 15, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review at which time Decision  150120 was issued dated December 22, 2015.
5.	The matter was again before the Board on May 3, 2016 with a request to extend the time frame originally set by an additional five (5) business days.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioners Booth and Sylvester to grant the Applicant relief as outlined herein.  The motion passed on a 9 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150120 and are pertinent to the decision rendered:

1.	Variance Application  150120 dated November 16, 2015 and filed on November 24, 2015.
2.	State Fire Marshals Office Inspection Report dated September 24, 2014.
3.	State Fire Marshals Office Building Description  21 dated August 3, 2009.
4.	Decision  150120 dated December 22, 2015.
5.	Applicants email from Kate Breslin Harden (BHDDH) to the Board dated April 6, 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 Decision below corresponds with that of Decision  150120 issued December 22, 2015.  The above Decision was utilized by the Board, the Applicant and the State Fire Marshals Office during the April 19, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates Decision  150120 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 1-story business occupancy.
3.	The Board finds that BHDDH is presently in the process of relocating the current tenant from this property no later than May 31, 2016 at which time the property will remain vacant until such time that it is sold.
4.	The matter was last heard by the Board on December 15, 2015 at which time Decision  150120 was issued dated December 22, 2015.
5.	On April 6, 2016 the Applicant, through counsel advised the Board that all clients and staff will be vacated from the building in the time frame set forth by the Board but requested an additional five (5) business days until June 7, 2016 to allow access by limited employees or contractors for the removal of files, furniture and other contents from the facility.
6.	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.	[10-1480-VN]  The Board grants the Applicant a time variance until June 7, 2016 to allow the existing fire alarm system to remain in use.
2.	[10-1481-VN]  The Board grants the Applicant a time variance until June 7, 2016 to allow the existing fire alarm system to remain in use.
3.	[10-1479-VN]  The Board grants the Applicant a time variance until June 7, 2016 to allow the existing fire alarm system to remain in use.

	In consideration of the relief granted herein, the Board directs the Applicant to vacate the premises no later than June 7, 2016 and that the building shall remain vacant until such time that it is sold.

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)].