As indicated in the file, a hearing involving the above-captioned property was conducted on November 15, 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 Richard, Pearson, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Thomas Mello of the Tiverton Fire Marshals Office and Deputy State Fire Marshal Octavio Vieira of the State Fire Marshal's Office.
APPLICANT: Frank Perrino.
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 Frank Perrino (owner) of 396 Nanaquaket Road, Tiverton, RI dated September 15, 2016.
3.	The Application was received by the Board and File  160137 opened on September 22, 2016.
4.	A hearing on the Application was conducted on November 15, 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 Richard and seconded by Commissioner Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on a 9 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160137 and are pertinent to the decision rendered:

1.	Variance Application  160137 dated September 15, 2016 and filed on September 22, 2016.
2.	Tiverton Fire Marshals Office Inspection Report dated August 17, 2016.
3.	Tiverton Fire Marshals Office Building Description dated August 15, 2016.

EXHIBITS

The following documents were presented at the November 15, 2016 hearing as exhibits:

1.	AHJs updated inspection report dated November 15, 2016 with floor plan and photographs.

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 November 15, 2016 updated 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 November 15, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the November 15, 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 multiple/mixed use (business and assembly) occupancy.
3.	The building is of Type III (200) construction and does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the assembly facility has been calculated at one hundred five (105) persons.
5.	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.	[16-449-VN]  This deficiency has been corrected.
2.	[16-450-VN]  This deficiency has been corrected.
3.	[16-451-VN]  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply.
4.	[16-452-VN]  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply.
5.	[16-453-VN]  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply.
6.	[16-454-VN]  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply.
7.	[16-455-VN]  This deficiency has been corrected.
8.	[16-456-VN]  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply.
9.	[16-457-VN]  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply.
10.	[16-458-VN]  This deficiency has been corrected.
11.	[16-459-VN]  This deficiency has been corrected.
12.	[16-460-VN]  This deficiency has been corrected.
13.	[16-461-VN]  This deficiency has been corrected.
14.	[16-462-VN]  The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.5.1 by allowing the existing second floor head room issue to remain in use.  In consideration of the relief granted herein, the Board directs the Applicant to limit and post the occupant load of the second floor meeting room to no more than forty-nine (49) persons, at the direction and to the satisfaction of the Tiverton Fire Marshal's Office.
15.	[16-463-VN]  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply.
16.	[16-471-VN]  This deficiency has been corrected.
17.	[16-483-VN]  This deficiency has been corrected.
18.	[16-484-VN]  The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply by providing this facility with an approved fire alarm system.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the Tiverton Fire Marshals Office.
19.	[16-448-VN]  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply.

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).

Finally, the Board hereby authorizes the Tiverton Fire Marshals Office to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Fire Safety Code, section 6-2-22.1.

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review and 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.	In accordance with R.I.G.L 42-35-12, 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)].