As indicated in the file, a hearing involving the above-captioned property was conducted on October 4, 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, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy  State Fire Marshals Kenneth Botelho and Thomas Trainor of the East Providence Fire Marshals Office.
APPLICANT: Kevin Toomey.
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 George Banks (owner) of 525 Okeechobee Boulevard -- Suite 1650, West Palm Beach dated May 31, 2016.
3.	The Application was received by the Board and File  160112 opened on July 29, 2016.
4.	A hearing on the Application was conducted on October 4, 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 Commissioners Richard and Thornton 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  160113 and are pertinent to the decision rendered:

1.	Variance Application  160113 dated May 31, 2016 and filed on July 29, 2016.
2.	East Providence Fire Marshals Office Inspection Report dated April 27, 2016.

EXHIBITS

The following documents were presented at the October 4, 2016 hearing as exhibits:

1.	Letter [email] of authorization for Kevin Hughes (sic) from Jensen Hughes from Barbara Gaziano dated October 4, 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 April 27, 2016 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the October 4, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the April 27, 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 6-story apartment (95 unit) occupancy consisting of approximately ninety thousand two hundred eighty-five (90,285) square feet and originally built in 1969.
3.	The building is of Type II (000) construction and has a compliant fire alarm system and is provided with an approved partial automatic sprinkler system.
4.	There is no objection by the East Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	This deficiency has been corrected.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	There is no  7 listed.
8.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 31.2.1.1, 24.2.2.3.3 and RIFC section 18.2.3.4.1 by allowing the existing apartment windows for escape (4.5 sq. ft.) to remain in use based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to provide and maintain a fire department access road for this building as set forth in their July 29, 2016 plan of action, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.

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)].