As indicated in the file, a hearing involving the above-captioned property was conducted on June 14, 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, Pearson, Jackson and Booth.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Keith Maine of the Providence Fire Marshals Office.
APPLICANT: Risa Gilpin and Donald Contois.
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 Risa Gilpin (authorized representative) of International House of Rhode Island, 8 Stimson Avenue, Providence, RI dated April 18, 2016.
3.	The Application was received by the Board and File  160065 opened on April 18, 2016.
4.	A hearing on the Application was conducted on June 14, 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 Pearson and seconded by Commissioner Booth 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  160065 and are pertinent to the decision rendered:

1.	Variance Application  160065 dated April 18, 2016 and filed on April 18, 2016.
2.	Providence Fire Marshals Office Inspection Report dated March 14, 2016.

EXHIBITS

The following documents were presented at the June 14, 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 numbers of the Decision below correspond with those of the March 14, 2016 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the June 14, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the March 14, 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 4-story multiple/mixed (business and rooming house) occupancy consisting of approximately eight thousand five hundred sixty-two (8,562) square feet and originally built in 1894.
3.	The building is of Type III (000) 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 Providence 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 time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 9.6.11.5 by documenting that all system smoke detectors in the building have been externally cleaned, at the direction and to the satisfaction of the Providence 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 9.6.7.2.1 by providing this facility with an approved fire alarm directory or zone map, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
3.	The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 9.6.1.8.1 by developing a plan of action to provide this facility with an approved smoke detector at the fire alarm control unit.  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 Providence 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 9.6.9.9 by providing this facility with an approved fire alarm system power supply breaker lock, at the direction and to the satisfaction of the Providence Fire Marshals Office.
5.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.8.1 by providing this facility with an approved 24-hour emergency telephone number for the owners representative, at the direction and to the satisfaction of the Providence Fire Marshals Office.
6.	This item will no longer be a violation upon compliance with item  11 below.
7.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.1.4 by providing approved manual fire alarm boxes throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
8.	This item will no longer be a violation upon compliance with item  11 below.
9.	The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC section 9.6.2.2.1 by providing approved manual fire alarm boxes throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
10.	The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC section 9.6.9.2 by providing approved fire alarm system wiring throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
11.	The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC section 39.3.4.4 by providing the fire alarm system for this facility with emergency forces notification, at the direction and to the satisfaction of the Providence Fire Marshals Office.
12.	 19.	The Board hereby grants the Applicant the time variance as set forth in item 3 above to comply with the provisions of RILSC section 9.6.2.11 by providing approved fire detection throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshals Office.
20.	The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of NFPA 72 (2010) section 17.14.6 by providing approved manual fire alarm boxes throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
21.	The Board hereby grants the Applicant the time variance as set forth in item 3 above to comply with the provisions of NFPA 72 (2010) section 18.4.5 by providing approved fire alarm notification throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshals Office.
22.	The Board hereby grants the Applicant the time variance as set forth in item 3 above to comply with the provisions of NFPA 72 (2010) section 18.4.2.1 by providing approved fire alarm notification throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshals Office.
23.	The Board hereby grants the Applicant the time variance as set forth in item 3 above to comply with the provisions of NFPA 72 (2010) section 18.4.1.1 by providing approved fire alarm notification throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshals Office.
24.	The Board hereby grants the Applicant the time variance as set forth in item 3 above to comply with the provisions of NFPA 72 (2010) section 18.5.3 by providing approved fire alarm notification throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshals Office.
&8195;
25.	The Board hereby grants the Applicant the time variance as set forth in item 1 above to comply with the provisions of RIFC section 4.1.3.2.2.5 by providing approved identification signage throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshals Office.
26.	The Board hereby grants the Applicant the time variance as set forth in item 3 above to comply with the provisions of NFPA 72 (2010) section 18.4.8.1 by providing approved fire alarm notification throughout the facility, at the direction and to the satisfaction of the Providence Fire Marshals Office.

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 Providence 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.  Further, the Board directs that this file may be reopened if necessary 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)].