As indicated in the file, a hearing involving the above-captioned property was conducted on November 29, 2016 before 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, Filippi, Pearson, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy  State Fire Marshal Derek Keene of the Smithfield Fire Marshals Office.
APPLICANT: Kevin Gillis and William Parrott, Jr.
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 Kevin A. Gillis (authorized representative) of Northborough Realty Holdings, LLC, 4 Courthouse Lane -- Suite 16, Chelmsford, MA dated [undated].
3.	The Application was received by the Board and File  160085 opened on June 1, 2016.
4.	An initial 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.
5.	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 4 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on August 23, 2016 at which time Vice-Chairman Blackburn and Commissioners Richard, Filippi, Pearson, Walker, Jackson, Sylvester, Booth, Thornton and Davison were in attendance.  At that time a motion was made by Commissioner Thornton and seconded by Commissioner Booth to accept the subcommittee recommendations and grant the Applicant relief as recommended.  The motion passed on a 10 to 0 vote. And Decision  160085 was issued dated September 14, 2016.
7.	A subsequent hearing on the Application was conducted on November 29, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
8.	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 a 9 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160085 and are pertinent to the decision rendered:

1.	Variance Application  160085 dated [undated] and filed on June 1, 2016.
2.	Smithfield Fire Marshals Office Inspection Report dated April 7, 2016.
3.	Decision  160085 dated September 14, 2016.
4.	Applicants request for continuance dated September 19, 2016.
5.	Reschedule Notice dated September 22, 2016.

EXHIBITS

The following documents were presented at the November 29, 2016 hearing as exhibits:

1.	Applicants Perposals [sic] for the Mill Building with drawings dated November 29, 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:

2.	The Decision below corresponds with the April 7, 2016 inspection report compiled by the Smithfield Fire Marshals Office and Decision  160085 dated September 14, 2016.  The above documents were utilized by the Board, the Applicant and the Smithfield Fire Marshals Office during the August 16, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the April 7, 2016 inspection report and Decision  160085 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.
3.	The building is an existing 3-story multiple/mixed use (assembly, mercantile, business, industrial and storage) occupancy consisting of approximately one hundred one thousand one hundred seventy-four (101,174) square feet and originally built in 1900.
4.	The building is of Type IV (2HH) construction and does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
5.	There is no objection by the Smithfield Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant the following time variances, subject to the conditions set forth herein:
a.	The Applicant shall make arrangements with the Smithfield Fire Marshals Office for a re-inspection of the property to evaluate the current status of the facility with fourteen (14) days of the date of the decision;
b.	The Applicant shall correct all outstanding minor life safety items, as determined by the Smithfield Fire Marshals Office, within thirty (30) days of the date of the decision;
c.	The Applicant shall develop and submit to the Smithfield Fire Marshals Office plans for the upgrade and/or replacement of the facility fire alarm system within sixty (60) days of the date of the decision;
d.	The Applicant shall bring the tenant space referenced as the Professional Martial Arts into full compliance within sixty (60) days of the date of the decision; and,
e.	The Applicant shall implement Proposals  1 through 4 on their November 29, 2016 plan of action within one hundred eighty (180) days of the date of the decision, at the direction and to the satisfaction of the Smithfield Fire Marshal's Office.
2.	In consideration of the relief granted herein, the Board directs the Applicant to return to the Board on January 24, 2017 with a status report and updated plan of action.
3.	The Board directs that this file remain open until such time that the entire facility is brought into full compliance with the State Fire Safety Code.

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 constitutes an interim order of the Fire Safety Code Board of Appeal and Review as set forth in R.I.G.L. section 42-35-12 and 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)].