As indicated in the file, a hearing involving the above-captioned property was conducted on September 20, 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 Richard, Pearson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy  State Fire Marshal Thomas Mello of the Tiverton Fire Marshals Office.
APPLICANT: Kenneth R. Hilton III.
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 Kenneth R. Hilton, III (authorized representative) of Standish Boatyard, Inc., 1697 Main Road, Tiverton, RI dated July 11, 2016.
3.	The Application was received by the Board and File  160108 opened on July 20, 2016.
4.	A hearing on the Application was conducted on September 20, 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 Sylvester and seconded by Commissioner Richard to grant the Applicant the 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  160108 and are pertinent to the decision rendered:

1.	Variance Application  160108 dated July 11, 2016 and filed on July 20, 2016.
2.	Tiverton Fire Marshals Office Inspection Report dated June 9, 2016.
3.	Tiverton Fire Marshals Office Building Description  340 dated June 9, 2016.

EXHIBITS

The following documents were presented at the September 20, 2016 hearing as exhibits:

1.	Follow-up Tiverton Fire Marshals Office Inspection Report dated September 20, 2016.
2.	AHJs photographs (35) [undated].

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 September 20, 2016 follow-up inspection report compiled by the Tiverton Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Tiverton Fire Marshals Office during the September 20, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the September 20, 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 complex consists of three (3) separate buildings, incorporating mercantile, business, industrial, storage and residential occupancies, operating as a boatyard, marina and marine refueling station with an incidental on-site 2-family dwelling (rental property).
3.	All buildings are of Type V (000) construction with the main building and the Quonset hut having a compliant fire alarm system and none provided with an approved automatic sprinkler system.
4.	There is no objection by the Tiverton Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	[16-288-VN]  The Board hereby grants the Applicant a variance from the provisions of RIFC section 28.1.6.3.1 by allowing the omission of a Class I standpipe system.  In consideration of the relief granted herein, the Board directs the Applicant to provide three (3) portable fire pumps to be located on the pier/dock area within six (6) months from the date of the decision, at the direction and to the satisfaction of the Tiverton Fire Marshal's Office.
2.	[16-289-VN]  The Board hereby grants the Applicant a time variance of six (6) months from the date of the decision to comply with the provisions of RIFC sections 18.2.3.1.4, 28.1.6.2.5 and 28.1.6.5 by installing an approved yard fire hydrant, at the direction and to the satisfaction of the Tiverton Fire Marshals Office.
3.	[16-290-VN]  This deficiency has been corrected.
4.	[16-291-VN]  The Board hereby grants the Applicant a time variance until December 31, 2016 to comply with the provisions of RIFC section 28.1.7.2.1.4 by removing all improperly stored gasoline and/or flammable solvents, at the direction and to the satisfaction of the Tiverton Fire Marshal's Office.
5.	[16-292-VN]  The Board hereby grants the Applicant a time variance until December 31, 2016 to comply with the provisions of RIFC sections 66.9.5.1 and 66.9.5.3 by providing approved storage cabinets for all flammable liquids and chemicals, at the direction and to the satisfaction of the Tiverton Fire Marshal's Office.
6.	[16-293-VN]  The Board hereby grants the Applicant a time variance until December 31, 2016 to comply with the provisions of RIFC section 28.1.7.2.1.4 by removing all improperly stored combustible waste materials, at the direction and to the satisfaction of the Tiverton Fire Marshal's Office.
7.	[16-294-VN]  The Board hereby grants the Applicant a time variance until December 31, 2016 to comply with the provisions of RIFC sections 19.1.7.2 and 28.1.8.2.1 by providing and posting approved No Smoking signs, at the direction and to the satisfaction of the Tiverton Fire Marshal's Office.
8.	[16-395-VN]  This deficiency has been corrected.
9.	[16-296-VN]  This deficiency has been corrected.
10.	[16-297-VN]  The Board hereby grants the Applicant a time variance of seven (7) days from the date of the decision to comply with the provisions of RIFC section 19.2.1.4 by providing and maintaining approved locations for all trash dumpsters, at the direction and to the satisfaction of the Tiverton Fire Marshals Office.
11.	[16-298-VN]  This deficiency has been corrected.
12.	[16-362-VN]  This deficiency has been corrected.
13.	[16-363-VN]  This deficiency has been corrected.
14.	[16-364-VN]  This deficiency has been corrected.
15.	[16-365-VN]  The Board hereby grants the Applicant a time of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 28.1.7.2.1.7 by removing all improperly accumulated rubbish, at the direction and to the satisfaction of the Tiverton Fire Marshal's Office.
16.	[16-366-VN]  The Board hereby grants the Applicant a time of thirty (30) days from the date of the decision to comply with the provisions of RIFC sections 18.2.3.1.4, 18.2.3.4.1.1, 28.1.7.2.1.8.1 and 28.2.3.4.1.2 by removing all fire department access road obstructions, at the direction and to the satisfaction of the Tiverton Fire Marshal's Office.
17.	[16-367-VN]  The Board hereby grants the Applicant a time variance of seven (7) days from the date of the decision to comply with the provisions of NFPA 303 (2011 edition) sections 4.3.1, 4.3.2, 4.3.3 and 4.3.4 by providing documentation that the required employee fire safety training has been complied with, at the direction and to the satisfaction of the Tiverton Fire Marshals Office.  In the event that it is determined that any employee has not yet completed the required fire safety training, the Board directs the Applicant to provide this training within thirty (30) days of the date of the decision, at the direction and to the satisfaction of the Tiverton Fire Marshal's Office.
18.	[16-368-VN]  This deficiency has been corrected.
19.	[16-369-VN]  Informational only  not a deficiency.
20.	[16-370-VN]  This deficiency has been corrected.
21.	[16-372-VN]  The Board hereby grants the Applicant a time of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 28.1.7.2.1.7 by removing all improperly accumulated combustible storage, at the direction and to the satisfaction of the Tiverton Fire Marshal's Office.
22.	[16-373-VN]  The Board hereby grants the Applicant a time of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 10.19.1 by removing all improperly accumulated combustible storage, at the direction and to the satisfaction of the Tiverton Fire Marshal's Office.
23.	[16-374-VN]  This deficiency has been corrected.
24.	[16-375-VN]  This deficiency has been corrected  all hot work will be performed outdoors only.
25.	[16-376-VN]  The Board hereby grants the Applicant a time of thirty (30) days from the date of the decision to comply with the provisions of RIFC sections 41.3.7 and 63.3.1.8.4 by properly storing all compressed gas cylinders, at the direction and to the satisfaction of the Tiverton Fire Marshal's Office.
26.	[16-377-VN]  The Board hereby grants the Applicant a time of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 31.3.2.1.1 by removing all improperly accumulated combustible waste materials, at the direction and to the satisfaction of the Tiverton Fire Marshal's Office.
27.	[16-287-VN]  The Board hereby grants the Applicant a variance from the provisions of RIFC section 28.1.6.2.1.1 by allowing the omission of an approved automatic sprinkler system based upon the clearly impractical economic and physical conditions, including the Applicants providing the yard fire hydrant and portable fire pumps as set forth above.

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)].