As indicated in the file, a hearing involving the above-captioned property was conducted on April 25, 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, Pearson, Jackson, Sylvester, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals James Bobola and Matthew Manni of the West Warwick Fire Marshals Office.
APPLICANT: John Lombardi.
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 John Lombardi (owner) of Domenic Lombardi Realty, PO Box 456, West Warwick, RI dated January 6, 2017.
3.	The Application was received by the Board and File  170028 was opened on February 14, 2017.
4.	A hearing on the Application was conducted on April 25, 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 Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170028 and are pertinent to the decision rendered:

1.	Variance Application  170028 dated January 6, 2017 and filed on February 14, 2017.
2.	West Warwick Fire Marshals Office Inspection Report dated December 7, 2016 with attachments.

EXHIBITS

The following documents were presented at the April 25, 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 December 7, 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 April 25, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the December 7, 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 1-story with basement multiple/mixed use (assembly, storage and industrial) occupancy consisting of approximately twelve thousand eighty-eight (12,088) square feet (gross area) and originally built in 1880.
3.	The building is of masonry construction and does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	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.	OCCUPANCY SEPARATION: 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 6.1.14.4 by developing and submitting a plan of action for the installation of an approved fire barrier having a 2-hour fire-resistance rating between the Archambault Street section (industrial occupancy) and the Curson Street section (assembly occupancy) of the building in accordance with section 8.3.  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.  The Board further grants the Applicant an equivalency variance to utilize double layers of 5/8 gypsum board to achieve this separation provided that it is installed in accordance with generally accepted fire protection and construction standards by a licensed contractor.
2.	FIRE ALARM SYSTEM: This will no longer be a deficiency upon completion of item  1, above.
3.	CONSTRUCTION: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 12.3.3.1 by properly repairing or sealing all breaches and/or penetrations and maintaining an approved smoke barrier between units, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
4.	EMERGENCY LIGHTING / EGRESS MARKING: This is no longer a deficiency as the space has been vacated.  The Board directs that the space shall be inspected by the AHJ for compliance prior to any new occupancy.
5.	PORTABLE FIRE EXTINGUISHERS: This is no longer a deficiency as the space has been vacated.  The Board directs that the space shall be inspected by the AHJ for compliance prior to any new occupancy.
6.	ELECTRICAL: This is no longer a deficiency as the space has been vacated.  The Board directs that the space shall be inspected by the AHJ for compliance prior to any new occupancy.
7.	ELECTRICAL: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 11.1.2 by correcting all electrical deficiencies, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.
8.	SPECIAL HAZARD PROTECTION: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 8.7.3.2 to remove all fuel-powered vehicles and devices from the building, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.
9.	ELECTRICAL: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 11.1.2 by correcting all electrical deficiencies, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.
10.	GENERAL STORAGE: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 10.16.1 by relocating the existing trash dumpster at least ten (10) feet away from the building, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.
11.	CONSTRUCTION: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 6.1.14.4 by properly maintaining an approved smoke barrier between units, 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).

Finally, the Board hereby authorizes the West Warwick Fire Marshals Office to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Fire Safety Code, section 6-2-22.1.

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)].