As indicated in the file, a hearing involving the above-captioned property was conducted on March 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 Filippi, Jackson, Sylvester and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal James Bobola of the West Warwick Fire Marshals Office.
APPLICANT: Vincent Pera, Kevin Toomey, Joseph Spokis, Jr. and Attorney Robert Peretti.
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 Rosalie Petrarca (owner) of Parente Realty, Inc., 39 Greenbriar Drive, West Warwick, RI dated October 20, 2016.
3.	The Application was received by the Board and File  160151 opened on October 27, 2016.
4.	The matter was initially before the Board on January 10, 2017 at which time Decision  160151 was issued dated January 26, 2017.
5.	A subsequent hearing on the Application was conducted on March 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 Sylvester and seconded by Commissioner Thornton to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160151 and are pertinent to the decision rendered:

1.	Variance Application  160151 dated October 20, 2016 and filed on October 27, 2016.
2.	West Warwick Fire Marshals Office Inspection Report dated May 5, 2016.
3.	Letter of authorization for Vincent Pera from Rosalie Petrarca dated October 26, 2016.
4.	Reschedule Notice dated January 13, 2017.
5.	Applicants (Jensen Hughes) proposed plan of action dated February 27, 2017.
6.	Decision  160151 dated January 26, 2017.
7.	Letter to the Board from the West Warwick Fire Marshals Office dated March 1, 2017.
8.	Reschedule Notice dated March 15, 2017.

EXHIBITS

The following documents were presented at the March 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 May 5, 2016 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board,                                                                                                                             the Applicant and the West Warwick Fire Marshals Office during the March 28, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the May 5, 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 3-1/2-story with basement multiple/mixed use (mercantile, business and apartment) occupancy consisting of approximately twelve thousand five hundred sixty-three (12,563) square feet and originally built in 1850.
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 residential units of this facility have been provided with battery-operated smoke alarms and carbon monoxide alarms.
5.	There is no objection by the West Warwick 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 time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.3.4.4.1 by developing and submitting a plan of action for the installation of an approved fire alarm system 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 West Warwick Fire Marshals Office.
2.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.3.4.5.1 and 31.3.4.6.1 by providing this facility with approved smoke alarms and carbon monoxide alarms, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.
3.	This deficiency has been corrected.
4.	The Board hereby grants the Applicant the time variance as set forth in item 1 above to comply with the provisions of RILSC section 31.3.3.2 by treating all wood paneling with an approved fire-retardant coating (intumescent paint), at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	The Board hereby amends Decision  160151 and grants the Applicant the time variance outlined in item 1 above to comply to comply with the provisions of RILSC sections 37.2.8 and 37.2.10 by providing this facility with approved emergency lighting and exit signage, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
8.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 18.2.2.1 by providing this facility with an approved key access box, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
9.	The Board hereby amends Decision  160151 and grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.1.2 by correcting all electrical deficiencies, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
10.	The Board hereby determines that this is not a deficiency.
11.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.1.2 by providing this facility with approved protection of all vertical openings, at the direction and to the satisfaction of the West Warwick Fire Marshals 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)].