As indicated in the file, a hearing involving the above-captioned property was conducted on February 28, 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 and Commissioners Richard, Pearson, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Michael Morin of the Woonsocket Fire Marshals Office.
APPLICANT: Christ J. Stamatos, George Stamatos, Joseph Brennan, Esq. and Michael Roescher.
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.	The matter was initially before the Board on February 7, 2017 at which time the Applicant was granted a continuance until February 28, 2017 to retain replacement counsel and return with a plan of action.
5.	A subsequent hearing on the Application was conducted on February 28, 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 Booth to grant 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  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.
9.	Reschedule Notice dated February 9, 2017.
10.	Email to the Board from ADSFM Michael Morin dated February 7, 2017.
11.	Email to the Board from ADSFM Michael Morin dated February 10, 2017.
12.	Decision  170009 dated February 15, 2017.
13.	Revised plan of action dated February 27, 2017.

EXHIBITS

The following documents were presented at the February 28, 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.	The 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 has been terminated effective February 24, 2017 based upon compliance efforts demonstrated by the Applicant.
5.	The Board notes that the building is currently vacant with no occupancy while improvements and corrections are being made by the Applicant.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	This deficiency has been corrected.
2.	This deficiency has been corrected.
3.	The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 7.9.2.1 by developing and submitting a plan of action for the installation of approved emergency lighting throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
4.	This deficiency has been corrected.
5.	The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RIFC section 12.7.4 by providing the open elevator shaft of this facility with approved fire protection and separation, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	The Board hereby grants the Applicant a time variance to comply with the provisions of RILSC section 37.3.5.1 by providing approved automatic sprinkler coverage for the second and third floors of this facility prior to any occupancy of these spaces, 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)].