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 Michael Morin of the Woonsocket Fire Marshals Office, Chief Paul Shatraw of the Woonsocket Fire Department and Deputy State Fire Marshal Michael Sweeney of the State Fire Marshal's Office.
APPLICANT: Christ J. Stamatos.
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 Christ J. Stamatos (owner) of 619 Centre Street, Boston, MA dated [undated].
3.	The Application was received by the Board and File  170009 was opened on January 13, 2017.
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 Pearson and seconded by Commissioner Booth 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  170009 and are pertinent to the decision rendered:

1.	Variance Application  170009 dated [undated] and filed on January 13, 2017.
2.	Woonsocket Fire Marshals Office Inspection Report dated November 22, 2016.
3.	Woonsocket Fire Marshals Office Standby Fire Personnel Order dated January 11, 2017.
4.	Woonsocket Fire Marshals Office request for expedited hearing (email) dated January 20, 2017.
5.	Entry of appearance letter from Attorney Michael W. Long dated January 24, 2017.
6.	Reschedule Notice dated January 24, 2017.
7.	Woonsocket Fire Marshals Office Inspection Report supplement with photographs (via email) dated February 1, 2017.
8.	Entry withdrawal letter from Attorney Michael W. Long (via email) dated February 6, 2017.

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 22, 2016 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the February 7, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the November 22, 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 4-story multiple/mixed use occupancy consisting of approximately sixty thousand (60,000) square feet that is currently vacated in accordance with an order of the Woonsocket Building Official.
3.	The building is of Type III (200) construction and does not have a compliant fire alarm system and is not provided with an approved functional automatic sprinkler system.
4.	There is currently a twenty-four (24) hour standby fire personnel detail in place in accordance with RIFC section 1.7.16 and implemented by Woonsocket Fire Marshal's Office order dated January 11, 2017.
5.	The Board finds that the Applicants attorney has withdrawn his representation in this matter as of February 6, 2017 and that the Applicant has requested a reasonable continuance in order to retain replacement counsel.
6.	There is no objection by the Woonsocket Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby upholds the January 11, 2017 Woonsocket Fire Marshals Office order for standby fire personnel and authorizes the Woonsocket Fire Marshals Office to increase the number of personnel on duty from one (1) to two (2) as necessary for the safe coverage of the facility.  In accordance with Rhode Island State Fire Safety Code section 6-1-3 the Board notes that this requirement may be reduced or eliminated by the AHJ at any time prior to the next Board appearance based upon improvements made by the Applicant or other changes in conditions.
2.	The Board hereby grants the Applicant a time variance until February 28, 2017 to retain counsel and return to the Board with a plan of action to address the violations outlined in the Woonsocket Fire Marshals Office inspection report dated November 22, 2016.  In consideration of the relief granted herein, the Board directs the Applicant to provide approved portable fire extinguishers to all construction personnel working in the building and to ensure that all construction materials and debris is removed on a daily basis, at the direction and to the satisfaction of the Woonsocket 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)].