As indicated in the file, a hearing involving the above-captioned property was conducted on January 10, 2017 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: Commissioners Pearson, Walker, Jackson, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Kaitlyn Iannone and Hannah Burnes of the State Fire Marshals Office.
APPLICANT: Norman Audino, Jr. and Brian Moran.
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 Norman P. Audino, Jr. (owner) of 20 Austin Avenue, Greenville, RI dated May 9, 2016.
3.	The Application was received by the Board and File  160084 opened on May 24, 2016.
4.	The matter was initially heard by the Board on July 26, 2016 at which time Decision  160084 was issued dated August 4, 2016.
5.	A subsequent hearing on the Application was conducted on November 1, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the November 1, 2016 hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Sylvester to grant the Applicant certain relief pertaining to Violation  18 [16-216-VN] below, subject to the submission of a previously mutually-approved plan of action.  The motion passed on a 7 to 0 vote with Commissioner Pearson abstaining from the vote.
7.	On November 21, 2016 the Applicant requested that the matter be reopened for the purpose of taking additional previously unavailable testimony and/or evidence in accordance with RIFSC section 6-2-15.
8.	A subsequent hearing on the Application was conducted on January 10, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
9.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160084A and are pertinent to the decision rendered:

1.	Variance Application  160084 dated May 9, 2016 and filed on May 24, 2016.
2.	State Fire Marshals Office Inspection Report dated April 12, 2016.
3.	State Fire Marshals Office Building Description  411-14 dated February 5, 2016.
4.	Reschedule Notice dated July 27, 2016.
5.	Decision  160084 dated August 4, 2016.
6.	Applicants plan of action dated August 22, 2016.
7.	Applicants request to reopen file dated November 21, 2016.
8.	Applicants DRAFT plan of action dated October 24, 2016.
9.	Applicants plan of action dated November 21, 2016.
10.	Reschedule Notice dated November 22, 2016.

EXHIBITS

The following documents were presented at the January 10, 2017 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 April 12, 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 July 26, 2016 and January 10, 2017 hearings on this matter.  Accordingly, the Board hereby incorporates the April 12, 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 facility consists of two (2) existing separated buildings:
a.	Three (3) story residential board and care occupancy of Type IV (2HH) construction licensed for eighty-seven (87) residents.
b.	Two (2) story health care occupancy of Type II (111) construction licensed for eighty (80) residents.
3.	The facility consists of approximately ninety-seven thousand four hundred eighteen (97,418) square feet and was originally built in 1936.
4.	The building has a compliant fire alarm system and is provided with an approved automatic sprinkler system.
5.	Hard-wired / battery operated smoke alarms and carbon monoxide (CO) alarms are provided in the buildings dwelling units.
6.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	[16-217-VN]  This deficiency has been corrected.
2.	[16-220-VN]  This deficiency has been corrected.
3.	[16-221-VN]  This deficiency has been corrected.
4.	[16-222-VN]  This deficiency has been corrected.
5.	[16-227-VN]  This deficiency has been corrected.
6.	[16-228-VN]  This deficiency has been corrected.
7.	[16-241-VN]  This deficiency has been corrected.
8.	[16-243-VN]  This deficiency has been corrected.
9.	[16-244-VN]  This deficiency has been corrected.
10.	[16-253-VN]  This deficiency has been corrected.
11.	[16-277-VN]  This deficiency has been corrected.
12.	[16-278-VN]  This deficiency has been corrected.
13.	[16-279-VN]  This deficiency has been corrected.
14.	[16-280-VN]  This deficiency has been corrected.
15.	[16-281-VN]  This deficiency has been corrected.
16.	[16-282-VN]  This deficiency has been corrected.
17.	[16-283-VN]  This deficiency has been corrected.
18.	[16-216-VN]  The Board hereby grants the Applicant a time variance of three (3) years from the date of the decision to comply with the provisions of RILSC section 19.3.5 for the installation of automatic sprinkler heads in dwelling unit closets and bathrooms on the first and second floors.  In consideration of the relief granted herein, the Board directs the Applicant to provide periodic progress updates to the State Fire Marshal's Office until project completion, at an interval of not more than every six (6) months.

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 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).
&8195;
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)].