As indicated in the file, a hearing involving the above-captioned property was conducted on July 19, 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, Booth and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal John Dolan of the Pawtucket Fire Marshals Office.
APPLICANT: Sandy Batista.
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 Sandy Batista Berto (authorized representative) of 579 Broad Street, Cumberland, RI dated February 2, 2016.
3.	The Application was received by the Board and File  160079 opened on May 17, 2016.
4.	A hearing on the Application was conducted on July 19, 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 Vice-Chairman Blackburn and seconded by Commissioner Booth 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  160079 and are pertinent to the decision rendered:

1.	Variance Application  160079 dated February 2, 2016 and filed on May 17, 2016.
2.	Pawtucket Fire Marshals Office Inspection Report dated January 15, 2016.

EXHIBITS

The following documents were presented at the July 19, 2016 hearing as exhibits:

1.	Email of authorization for Sandy Batista from Daniel and Matilda daSilveira dated July 19, 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 January 15, 2016 inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the July 19, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the January 15, 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 with basement multiple/mixed use (mercantile/assembly and residential) occupancy consisting of approximately seven thousand five hundred seventy-five (7,575) square feet and originally built in 1895.
3.	The building is of Type V (000) construction and has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	There is no objection by the Pawtucket Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board directs the Applicant to comply with the provisions of RILSC section 13.2.4.2 by providing an approved second means of egress from the basement level of the facility prior to utilizing this level as an assembly occupancy, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
2.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.1.6 by allowing the basement level of this facility to be utilized as an assembly occupancy without requiring automatic sprinkler system protection.  In consideration of the relief granted herein, the Board directs the Applicant to limit the occupant load of this level to no more than sixty (60) patrons and to provide and maintain total (complete) fire alarm detection coverage for this level prior to occupancy, at the direction and to the satisfaction of the Pawtucket 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).

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)].