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: Michel Boutros.
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 Michael McHugh (authorized representative) of 34 Chapin Avenue, Providence, RI dated October 28, 2016.
3.	The Application was received by the Board and File  160153 was opened on November 7, 2016.
4.	A hearing on the Application was conducted on February 7, 2017 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 Sylvester and seconded by Commissioner Thornton 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  160153 and are pertinent to the decision rendered:

1.	Variance Application  160153 dated October 28, 2016 and filed on November 7, 2016.
2.	Providence Fire Marshals Office Plan Review Report (email) dated November 7, 2016.
3.	Letter of authorization for Michael McHugh from Cathy Levitt dated October 31, 2016.

EXHIBITS

The following documents were presented at the February 7, 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 November 7, 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 February 7, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the November 7, 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 1-story with basement multiple/mixed use (assembly and mercantile) occupancy consisting of approximately four thousand five hundred fifty (4,550) square feet and originally built in 1940.
3.	The building is of Type III (200) construction and has a compliant fire alarm system and is provided with an approved partial 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 grants the Applicant a variance from the provisions of RILSC section 42.2.4.1(2) by allowing the single means of egress from the basement with a common path of travel of approximately ninety (90) feet to remain as an existing condition.  In consideration of the relief granted herein, the Board approves and adopts the Applicants proposed plan of action to extend the adjacent existing basement automatic sprinkler coverage into this space, at the direction and to the satisfaction of the Providence Fire Marshal's Office.  The Board notes that upon providing automatic sprinkler protection to this space that the permitted common path of travel is extended to one hundred (100) feet.
2.	The Board grants the Applicant a variance from the provisions of RILSC section 37.3.1 by allowing the proposed new basement stair as designed to remain as an unprotected vertical opening.  In consideration of the relief granted herein, the Board approves and adopts the Applicants proposed plan of action to enclose the stairs at the basement level with a 1-hour rated assembly; to provide a magnetic hold-open device interfaced with the buildings fire alarm system for the basement door; to provide system smoke detector coverage at the bottom of the basement stairs; and, to provide automatic sprinkler protection under the basement stairs in accordance with  1 above, at the direction and to the satisfaction of the Providence 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).

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)].