As indicated in the file, a hearing involving the above-captioned property was conducted on May 10, 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 and Commissioners Filippi, Walker, Jackson, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Thomas Dettore of the State Fire Marshals Office.
APPLICANT: Craig Pianka.
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 Craig Pianka (owner) of Summer Villa, 51 Laurel Avenue, Coventry, RI dated March 10, 2016.
3.	The Application was received by the Board and File  160053 opened on March 30, 2016.
4.	A hearing on the Application was conducted on May 10, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Walker and seconded by Commissioner Jackson to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160053 and are pertinent to the decision rendered:

1.	Variance Application  160053 dated March 10, 2016 and filed on March 30, 2016.
2.	State Fire Marshals Office Inspection Report dated March 29, 2016.
3.	State Fire Marshals Office Building Description  52 dated March 4, 2016.
4.	Letter to the Board from Craig Pianka of Summer Villa dated April 26, 2016.
5.	State Fire Marshals Office Inspection Report dated May 4, 2016.

EXHIBITS

The following documents were presented at the May 10, 2016 hearing as exhibits:

1.	Applicants photograph [1].
2.	Email from Chief Elevator Inspector Sean Egan to Craig Pianka dated May 10, 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 March 29, 2016 and May 4, 2016 inspection reports compiled by the State Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the May 10, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the March 29, 2016 and May 4, 2016 inspection reports 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 and 3-story residential board and care occupancy.
3.	The building is of Type V (000) and Type II (000) construction and is provided with approved sprinkler protection and has a compliant fire alarm system.
4.	The Board finds that the facility elevator was installed in 1983 and was not required to be equipped with Phase I or Phase II Fire Service due to a travel distance of less than twenty-five feet (25) as determined by the State Chief Elevator Inspector.
5.	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.	[15-1190-VN]  This deficiency has been corrected.
2.	[15-1191-VN]  The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.3.2.3 by allowing the existing vending machines located in the exit enclosure to remain, subject to any safeguards set for by the State Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to provide safety markings for the single step in the path of egress travel, at the direction and to the satisfaction of the State Fire Marshal's Office.
3.	 [15-1192-VN]  This deficiency has been corrected.
4.	[15-1193-VN]  This deficiency has been corrected.
5.	[15-1194-VN]  This deficiency has been corrected.
6.	[16-1-VN]  This deficiency has been corrected.
7.	[16-3-VN]  This deficiency has been corrected.
8.	[16-11-VN]  See  17, below.
9.	[16-12-VN]  This deficiency has been corrected.
10.	[16-13-VN]  This deficiency has been corrected.
11.	[16-14-VN]  This deficiency has been corrected.
12.	[16-60-VN]  This deficiency has been corrected.
13.	[16-74-VN]  This deficiency has been corrected.
14.	[16-75-VN]  This deficiency has been corrected.
15.	[16-78-VN]  This deficiency has been corrected.
16.	[15-1189-VN]  This deficiency has been corrected.
17.	[16-67-VN]  The Board hereby grants the Applicant a variance from the provisions of RILSC sections 33.3.6.3 and 9.4.3.2 by allowing the existing passenger elevator to remain in use without conforming to Fire Fighters Emergency Operations Phase II requirements.  In consideration of the relief granted herein, the Board directs the Applicant to fully comply with this requirement if the elevator is ever modernized in the future.

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)].