As indicated in the file, a hearing involving the above-captioned property was conducted on June 7, 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, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Nicholas Anderson of the Cumberland Fire Marshals Office.
APPLICANT/OWNER: William Gately.
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 Charles A. Pisaturo, Jr. (authorized representative) of 1055 Elmwood Avenue, Providence, RI dated December 18, 2015.
3.	The Application was received by the Board and File  150142 opened on January 22, 2016.
4.	The matter was most recently before the Board on April 5, 2016 where Decision  150142 was issued dated April 20, 2016.
5.	A subsequent hearing on the Application was conducted on June 7, 2016 at 1:00 PM before 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 Sylvester and seconded by Commissioner Thornton to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150142A and are pertinent to the decision rendered:

1.	Variance Application  150142 dated December 18, 2015 and filed on January 22, 2016.
2.	Cumberland Fire Marshals Office Inspection Report dated November 18, 2015.
3.	Reschedule Notice dated February 29, 2016.
4.	Redemption Deed [B/P: 001707/000127] from Thomas B. Conley (Grantor) to Bill Gately (Grantee) dated March 30, 2016 and filed on April 4, 2016.
5.	Reschedule Notice dated April 6, 2016.
6.	Decision  150142 dated April 20, 2016.

EXHIBITS

The following documents were presented at the June 7, 2016 hearing as exhibits:

1.	None.


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 correspond with the November 18, 2015 inspection report compiled by the Cumberland Fire Marshals Office and Decision  150142 issued on April 20, 2016.  The above report and Decision were utilized by the Board, the Applicant and the Cumberland Fire Marshals Office during the June 7, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the November 18, 2015 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 with basement industrial occupancy.
3.	The building is of Type IV (2HH) construction and is provided with partial non-approved sprinkler protection and does not have a compliant fire alarm system.
4.	The building is partially occupied by one (1) tenant that utilizes the space for storage of household appliances.
5.	There is no objection by the Cumberland Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant a continued time variance until September 20, 2016 to develop a comprehensive plan of action for correcting all deficiencies cited and to return to the Board at that time for additional action or relief as necessary.  In consideration of the relief granted herein, the Board directs the Applicant to return the buildings sprinkler system(s) to a functional status, at the direction and to the satisfaction of the Cumberland Fire Marshal's Office, within thirty (30) days of the date of this decision.

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)].