As indicated in the file, a hearing involving the above-captioned property was conducted on August 16, 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 Jackson and Booth.
AUTHORITY HAVING JURISDICTION: Deputy  State Fire Marshal Wade Palazini of the State Fire Marshals Office.
APPLICANT: Paul DePace and Timothy LaRose.
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 Paul M. DePace, P.E. (authorized representative) of 60 Tootell Road, Kingston, RI dated August 5, 2016.
3.	The Application was received by the Board and File  160118 opened on August 10, 2016.
4.	A hearing on the Application was conducted on August 16, 2016 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Jackson and seconded by Commissioner Booth to grant the Applicant the relief as outlined herein.  The motion passed on a 3 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on August 23, 2016 at which time Acting Chairman Jackson and Commissioners Filippi, Pearson, Walker and Booth were in attendance.  At that time a motion was made by Commissioner Walker and seconded by Commissioner Pearson to accept the subcommittee recommendations and grant the Applicant 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  160118 and are pertinent to the decision rendered:

1.	Variance Application  160118 dated August 5, 2016 and filed on August 10, 2016.

EXHIBITS

The following documents were presented at the August 16, 2016 hearing as exhibits:

1.	Applicants schematic design dated August 5, 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 Decision below corresponds with the August 5, 2016 Plan of action report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the August 16, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the August 5, 2016 Plan of action 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 a proposed  6-story multiple/mixed occupancy (business, industrial & storage) occupancy that will consist of approximately one hundred eighty thousand (180,000) square feet.
3.	The building will be of Type II (222) construction and will have a compliant fire alarm system and will be provided with an approved automatic sprinkler system.
4.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby approves the Applicants request relating to the provisions of RILSC section 8.2.3.1 and RILSC Chapter 5 by allowing the proposed performance-based design option and analytical methodology as set forth in ASCE Manual and Report on Engineering Practices No. 114, Performance-Based Design of Structural Steel for Fire Conditions, and authorizes the State Fire Marshals Office to approve the final proposed design.

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)].