As indicated in the file, a hearing involving the above-captioned property was conducted on June 28, 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 Walker, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.
APPLICANT: Raymond Gomes.
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 Patrick Kilroy c/o Caf Zelda Property, LLC (owner) of 528 Thames Street, Newport, RI dated May 3, 2016.
3.	The Application was received by the Board and File  160071 opened on May 5, 2016.
4.	A hearing on the Application was conducted on June 28, 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 Davison 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  160071 and are pertinent to the decision rendered:

1.	Variance Application  160071 dated May 3, 2016 and filed on May 5, 2016.
2.	Newport Fire Marshals Office Inspection Report dated March 24, 2016.
3.	Letter of authorization for Raymond Gomes from Patrick Kilroy dated June 21, 2016.

EXHIBITS

The following documents were presented at the June 28, 2016 hearing as exhibits:

1.	Applicants photograph and floor plan  A1.0 dated March 24, 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 24, 2016 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the June 28, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the March 24, 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 3-story multiple/mixed (assembly and lodging & rooming house) occupancy consisting of approximately six thousand nine hundred twelve (6,912) square feet and originally built in 1885.
3.	The building is Type III (100) construction and has a compliant fire alarm system and will be provided with an approved automatic sprinkler system.
4.	The maximum occupant load for the assembly occupancy has been calculated and posted at one hundred twenty-two (122) persons.
5.	There is no objection by the Newport 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 7.2.1.4.2 by allowing the existing swing of the restaurant egress doors to remain in use based upon a structural hardship and historical significance.  In granting this relief, the Board notes that a previous variance for this condition was issued in August, 1993 [ 930161].

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)].