As indicated in the file, a hearing involving the above-captioned property was conducted on February 7, 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: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Filippi, Pearson, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Timothy J. Lutz, Sr. of the Providence Fire Marshals Office.
APPLICANT: Marc Greenfield, Brian Poor and Frank Scotti.
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 Brian Poor (authorized representative) of David Presbrey Architects, 810 Eddy Street, Providence, RI dated January 5, 2017.
3.	The Application was received by the Board and File  170005 was opened on January 11, 2017.
4.	The matter was initially before the Board on January 24, 2017 at which time the hearing was tabled for two (2) weeks to allow the Applicant to develop a comprehensive plan of action in conjunction with the AHJ.
5.	A subsequent hearing on the Application was conducted on February 7, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	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  170005 and are pertinent to the decision rendered:

1.	Variance Application  170005 dated January 5, 2017 and filed on January 11, 2017.
2.	Providence Fire Marshals Plan Review Report (email) dated December 30, 2016.
3.	Letter of authorization for Brian Poor from Marc A. Greenfield dated January 11, 2017.
4.	Request for expedited hearing dated January 11, 2017.
5.	Applicants preliminary plan of action with drawings.
6.	Reschedule Notice dated January 26, 2017.
7.	Applicants revised plan of action dated February 1, 2017.
8.	Providence Fire Marshals Plan Review Report (email) dated February 2, 2017.

EXHIBITS

The following documents were presented at the February 7, 2017 hearing as exhibits:

1.	Applicants photograph (1).

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 December 30, 2016 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the January 24, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the December 30, 2016 plan review 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 3-story with basement business occupancy consisting of approximately six thousand two hundred (6,200) square feet and originally built in 1920.
3.	The building is of Type V (000) construction and will have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	There is no objection by the Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 39.2.1.4 and 42.2.4.1(2) by allowing a single means of egress from the basement level with a common path of travel in excess of the permitted fifty (50) feet  actual distance is one hundred three feet (103).  It is the understanding of the Board that the basement is not normally occupied and is used for mechanical equipment only.
2.	The Board hereby declines to grant the Applicant a variance from the provisions of RILSC sections 39.3.1.1 and 8.6.5 and directs compliance, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
3.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 7.2.1.3.1 and 7.2.1.3.5 by allowing the existing egress door opening over three (3) stairs to remain in use.
4.	It has been determined that this deficiency is no longer an issue upon review of the Applicants revised plan of action.
5.	The Board hereby declines to grant the Applicant a variance from the provisions of RILSC section 7.2.8.2 and directs compliance, at the direction and to the satisfaction of the Providence Fire Marshal's Office.

As an alternative to addressing deficiencies  2 and  5, the Board grants the Applicant the option to provide an approved automatic sprinkler system throughout the building within one (1) year from the date of the decision.  Should the Applicant select this option, a revised plan of action shall be submitted to the AHJ within thirty (30) days of the date of the decision at which time the Board authorizes the AHJ to approve the issuance of a temporary certificate of occupancy (TCO) in accordance with RILSC section 4.6.9.3.

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

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 as set forth in R.I.G.L. section 42-35-12 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)].