As indicated in the file, a hearing involving the above-captioned property was conducted on February 14, 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 Richard, Pearson, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Christopher Mahoney of the Newport Fire Marshals Office.
APPLICANT: The Applicant failed to appear.
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 Eugene Friedrich (owner) of 229 Ruggles Avenue, Newport, RI dated November 29, 2016.
3.	The Application was received by the Board and File  160171 was opened on December 1, 2016.
4.	A hearing on the Application was conducted on February 14, 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 Vice-Chairman Blackburn and Commissioner Richard to deny 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  160171 and are pertinent to the decision rendered:

1.	Variance Application  160171 dated November 29, 2016 and filed on December 1, 2016.
2.	Newport Fire Marshals Office Inspection Report dated June 23, 2016.

EXHIBITS

The following documents were presented at the February 14, 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 June 23, 2016 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the February 14, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the June 23, 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 3-story with basement multiple/mixed (mercantile & residential) occupancy consisting of approximately four thousand forty-one (4,041) square feet and originally built in 1870.
3.	The building is of Type V (000) construction and does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The Applicant, having been given proper notice, did fail to attend the hearing or send an authorized representative.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board holds that proper cause has not been determined to reschedule the hearing and that the variance application is hereby automatically dismissed in accordance with Rhode Island State Fire Safety Code section 6-2-10.

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)].