As indicated in the file, a hearing involving the above-captioned property was conducted on May 24, 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, Pearson, Jackson, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Christopher Wells of the Dunns Corners Fire Marshals Office.
APPLICANT: David Lanning, Paul Azzinaro and Attorney William Nardone.
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 Dave Lanning (owner) of 5193 Old Post Road, Charlestown, RI dated April 1, 2016.
3.	The Application was received by the Board and File  160058 opened on April 5, 2016.
4.	A hearing on the Application was conducted on May 24, 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 Thornton and seconded by Commissioner Jackson to grant the Applicant the relief 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  160058 and are pertinent to the decision rendered:

1.	Variance Application  160058 dated April 1, 2016 and filed on April 5, 2016.
2.	Dunns Corners Fire Marshals Office Inspection Report dated March 4, 2016.
3.	Applicants plan of action dated March 31, 2016.

EXHIBITS

The following documents were presented at the May 24, 2016 hearing as exhibits:

1.	Applicants drawings [5 pages] dated May 23, 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 4, 2016 inspection report compiled by the Dunns Corners Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Dunns Corners Fire Marshals Office during the May 24, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the March 4, 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-story mercantile occupancy consisting of approximately five thousand nine hundred forty (5,940) square feet and originally built in 1740.
3.	The building is of wood frame construction and does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	There is no objection by the Dunns Corners 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 section 7.1.5.1 by allowing the existing headroom conditions throughout the facility to remain, based upon existing conditions and a structural hardship.  In consideration of the relief granted herein, the Board grants the Applicant a time variance of thirty (30) days from the date of the decision to develop and submit a plan of action for the installation of an approved fire alarm system with emergency forces notification throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the Dunns Corners Fire Marshals Office.
2.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 37.2.10 by installing approved exit signs throughout the facility, at the direction and to the satisfaction of the Dunns Corners Fire Marshals Office.
3.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 37.2.8 by installing approved egress illumination throughout the facility, at the direction and to the satisfaction of the Dunns Corners Fire Marshals Office.
4.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 37.2.9 by installing approved emergency lighting throughout the facility, at the direction and to the satisfaction of the Dunns Corners Fire Marshals Office.
5.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 18.2.2.1 by installing an approved key access box for the facility, at the direction and to the satisfaction of the Dunns Corners Fire Marshals Office.
6.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 13.6.8.1.3.1 by installing approved fire extinguishers throughout the facility, at the direction and to the satisfaction of the Dunns Corners Fire Marshals Office.
7.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 37.2.4.1 by allowing the existing single means of egress from the mezzanine level to remain in use based upon existing conditions.
8.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 37.3.1 by allowing the cited unprotected vertical openings to remain in use based upon existing conditions and a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to provide the separation proposed in the March 31, 2016 plan of action.
9.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 37.3.2.3 by installing an approved exhaust system for the cooking equipment throughout the facility, at the direction and to the satisfaction of the Dunns Corners Fire Marshals Office.
10.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 11.1.7.6 by removing all extension cords and replacing them with permanent wiring throughout the facility, at the direction and to the satisfaction of the Dunns Corners Fire Marshals Office.
11.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.2.1.4.2 by providing the proper door swing for all required egress doors throughout the facility, at the direction and to the satisfaction of the Dunns Corners Fire Marshals Office.
12.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 8.7.1 by allowing the second and third floor storage areas to remain in use without approved protection based upon existing conditions and a structural hardship.  In consideration of the relief granted herein, the Board further directs that the above-referenced fire alarm system is deemed a required system for this facility, notwithstanding the provisions of RILSC section 37.3.4.1.

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).

Finally, the Board hereby authorizes the Dunns Corners Fire Marshals Office to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Fire Safety Code, section 6-2-22.1.

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)].