As indicated in the file, a hearing involving the above-captioned property was conducted on October 18, 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 Filippi, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy  State Fire Marshals Gordon Walsh and Greg Pariseault of the North Kingstown Fire Marshals Office.
APPLICANT: David Meegan and David Patriarca.
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 David R. Meegan (owner) of 7454 Post Road, North Kingstown, RI dated August 31, 2016.
3.	The Application was received by the Board and File  160124 opened on September 7, 2016.
4.	A hearing on the Application was conducted on October 18, 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 Thornton and seconded by Commissioner Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160124 and are pertinent to the decision rendered:

1.	Variance Application  160124 dated August 31, 2016 and filed on September 7, 2016.
2.	North Kingstown Fire Marshals Office Inspection Report dated August 18, 2016.

EXHIBITS

The following documents were presented at the October 18, 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 August 18, 2016 inspection report compiled by the North Kingstown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the October 18, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the August 18, 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 business occupancy consisting of approximately two thousand seven hundred forty (2,740) square feet and originally built in 1900.
3.	The building is of Type V (000) construction and has a non-compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	There is no objection by the North Kingstown 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.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 39.2.8 and 7.8.1.1 by allowing the stairs to the second floor to remain without emergency lighting until such time that an approved plan of action has been developed and approved by the North Kingstown Fire Marshals Office.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	The Board grants the Applicant a variance from provisions of RILSC section 7.1.5.1 by allowing the existing first floor unit doors with a height of 6 5-1/2 to remain in use based upon a structural hardship.
9.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.5.1 by allowing the stairs to the second floor to remain until such time that an approved plan of action has been developed and approved by the North Kingstown Fire Marshals Office.
10.	This deficiency has been corrected.
11.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.2.1.1(b) by allowing the stairs to the second floor to remain until such time that an approved plan of action has been developed and approved by the North Kingstown Fire Marshals Office.
12.	The Board grants the Applicant a variance from provisions of RILSC sections 7.1.5.1 and 7.1.5.2 by allowing the existing second floor ceiling height to remain in use until such time that an approved plan of action has been developed and approved by the North Kingstown Fire Marshals Office.
13.	The Board grants the Applicant a variance from provisions of RILSC section 9.6.2.11(1) by allowing the existing heat detector at the top of the second floor stairs to remain in use until such time that an approved plan of action has been developed and approved by the North Kingstown Fire Marshals Office.
14.	The Board grants the Applicant a variance from provisions of RILSC sections 39.2.4.1(2) and 39.2.4.3 by allowing the existing second floor to remain without two (2) approved means of egress until such time that an approved plan of action has been developed and approved by the North Kingstown 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).

In consideration of the relief granted herein, the Board directs that the second floor of this facility shall remain unoccupied until such time that an approved plan of action has been developed and approved by the North Kingstown Fire Marshals Office.  The Board further directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for the completion of this project.

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)].