As indicated in the file, a hearing involving the above-captioned property was conducted on October 25, 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, Filippi, Pearson, Jackson, Sylvester and Booth.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal David Pastore of the State Fire Marshals Office.
APPLICANT: Dennis Colicchio.
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 Dennis Colicchio (owner) of 3 Hillfarmcamp Road, Coventry, RI dated September 9, 2016.
3.	The Application was received by the Board and File  160130 opened on September 15, 2016.
4.	A hearing on the Application was conducted on October 25, 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 Pearson and seconded by Commissioners Richard and 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  160130 and are pertinent to the decision rendered:

1.	Variance Application  160130 dated September 9, 2016 and filed on September 15, 2016.
2.	State Fire Marshals Office Inspection Report  9391 dated September 9, 2016.
3.	State Fire Marshals Office Building Description.

EXHIBITS

The following documents were presented at the October 25, 2016 hearing as exhibits:

1.	AHJs photographs and drawing (3 pages).

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 9, 2016 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the October 25, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the September 9, 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 1-story with basement assembly occupancy consisting of approximately five thousand one hundred sixty-two (5,162) square feet and originally built in 1956.
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.	The maximum occupant load of the facility has been calculated at one hundred four (104) persons.  The Board finds that after further review by the AHJ the occupant load of the facility may be increased above this number in accordance with the provisions of RILSC section 7.3.1.3.
5.	The Board notes the objection by the State 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.	The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC sections 13.3.2.2 and 9.2.3 by developing and submitting a plan of action for providing the kitchen of this facility with approved protection of all cooking equipment.  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 State Fire Marshals Office.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	This deficiency will be corrected upon completion of item 4 above.
8.	The Board hereby grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC section 13.2.2.2.3 by providing the exit doors of this facility with approved panic hardware, at the direction and to the satisfaction of the State Fire Marshal's Office.
9.	The Board hereby grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC sections 13.3.2.2 and 9.2.3by providing the kitchen of this facility with approved protection of all cooking equipment, at the direction and to the satisfaction of the State Fire Marshal's Office.
10.	The Board hereby grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC sections 13.3.2.2 and 9.2.3by providing the kitchen cooking equipment of this facility with an approved exhaust system, at the direction and to the satisfaction of the State Fire Marshal's 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).

The Board 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 related to the determination of the maximum occupant load of the facility.

Finally, the Board hereby authorizes the State 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 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)].