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, Vice-Chairman Blackburn and Commissioners Jackson and Booth.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal David Arnold of the Narragansett Fire Marshals Office.
APPLICANT: Attorney Michael Voccola.
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 Michael A. Voccola, Esq. (authorized representative) of INP, LLC, 1140 Reservoir Avenue, Cranston, RI dated December 3, 2015.
3.	The Application was received by the Board and File  150133 opened on December 16, 2015.
4.	The matter was originally heard by the Board on February 2, 2016 at which time Decision  150133 was issued dated February 10, 2016 which in part directed the Applicant to return to the Board on March 8, 2016 with a plan of action for the installation of sprinkler protection.
5.	The matter was again before the Board on March 8, 2016 at which time Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Richard, Filippi, Pearson, Jackson and Booth were in attendance.  On a motion by Commissioner Richard and seconded by Commissioner Booth the Board voted to table the matter and the case was reassigned to June 14, 2016 for the Applicant to develop and return with a more comprehensive plan of action for the installation of sprinkler protection.  The motion passed on a 7 to 0 vote.
6.	On June 8, 2016 Attorney Voccola notified the Board by email that the plan of action was not completed and requested a continuance to the next available date.  ADSFM Arnold of the Narragansett Fire Marshals Office was contacted by the Board and had no objection to the requested continuance but indicated that the first available date that he was available would be August 16, 2016.
7.	A subsequent 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.
8.	After all evidence was presented at the subcommittee hearing, a motion was made by Vice-Chairman Blackburn and seconded by Commissioner Jackson to grant the Applicant the relief as outlined herein.  The motion passed on a 4to 0 vote.
9.	The subcommittee recommendations were subsequently presented to the Board for acceptance on August 23, 2016 at which time Vice-Chairman Blackburn and Commissioners Filippi, Pearson, Walker, Jackson, Booth and Thornton were in attendance.  At that time a motion was made by Commissioner Thornton and seconded by Commissioner Jackson to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150133A and are pertinent to the decision rendered:

1.	Variance Application  150133 dated December 3, 2015 and filed on December 16, 2015.
2.	Narragansett Fire Marshals Office Inspection Report dated November 13, 2015.
3.	Email to the Board from ADSFM David Arnold of the Narragansett Fire Marshal's Office dated December 17, 2015.
4.	Reschedule Notice dated February 8, 2016.
5.	Decision  150133 dated February 10, 2016.
6.	Applicants Memorandum (3 pages) dated March 8, 2016.
7.	Narragansett Fire Marshals Office Inspection Report dated March 4, 2016.
8.	AHJ photographs (19).
9.	Reschedule Notice dated March 10, 2016.
10.	Email continuance request from Attorney Voccola dated June 8, 2016.
11.	Reschedule Notice dated June 9, 2016.
12.	Email from Attorney Voccola dated July 22, 2016.
13.	Applicants Memorandum (3 pages) with attachments dated July 22, 2016.

EXHIBITS

The following documents were presented at the August 16, 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 January 25, 2016 inspection report compiled by the Narragansett Fire Marshals Office and Decision  150133 dated February 10, 2016.  The above report and Decision were utilized by the Board, the Applicant and the Narragansett Fire Marshals Office during the August 16, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the January 25, 2016 inspection report and Decision  150133 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.	There is no objection by the Narragansett Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

6.	[15-29-VN]  The Board grants the Applicant a time variance until May 1, 2017 to comply with the provisions of RILSC section 26.3.6 by installing a limited area automatic sprinkler system as proposed in the Applicants July 22, 2016 plan of action, at the direction and to the satisfaction of the Narragansett Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to extend the proposed limited area sprinkler system into and throughout the main stairway of the facility, at the direction and to the satisfaction of the Narragansett Fire Marshal's 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: Board Rules and Regulations, 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: Board Rules and Regulations, 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: Board Rules and Regulations, 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:  Board Rules and Regulations, 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: Board Rules and Regulations, 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)].