As indicated in the file, a hearing involving the above-captioned property was conducted on April 11, 2017 before a subcommittee of 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 and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Kevin Morris of the State Fire Marshals Office.
APPLICANT: Christopher Crotteau.
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 Christopher Crotteau (authorized representative) of 127 Johnny Cake Hill Road, Middletown, RI dated January 18, 2017.
3.	The Application was received by the Board and File  170022 was opened on January 27, 2017.
4.	A hearing on the Application was conducted on April 11, 2017 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Davison and seconded by Commissioner Filippi to grant the Applicant the relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on April 25, 2017 at which time Chairman Newbrook and Commissioners Filippi, Pearson, Jackson, Thornton and Davison were in attendance.  At that time a motion was made by Commissioner Davison and seconded by Commissioner Jackson to accept the subcommittee recommendation and grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170022 and are pertinent to the decision rendered:

1.	Variance Application  170022 dated January 18, 2017 and filed on January 27, 2017.
2.	State Fire Marshals Office Inspection Report dated December 5, 2016.
3.	Letter of authorization for Christopher Crotteau from Jamie Lehane III dated January 26, 2017.

EXHIBITS

The following documents were presented at the April 11, 2017 hearing as exhibits:

1.	AHJs photographs (2).

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 5, 2016 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the April 11, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the December 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 1-story business occupancy consisting of approximately eleven thousand nine hundred twenty (11,920) square feet (gross area) and originally built in 1980.
3.	The building is of Type II (111) construction and has a compliant fire alarm system and is provided with an approved automatic sprinkler system.
4.	The existing four (4) rolling track file storage units are required to maintain the agency clients medical records and have been in their current location and configuration for the past seventeen (17) years.
5.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	This deficiency has been corrected.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	AUTOMATIC SPRINKLERS: The Board hereby grants the Applicant a variance from the provisions of RIFC section 10.19.3.2 by allowing the existing four (4) rolling track file storage units to remain in their current location and configuration.  In consideration of the relief granted herein, the Board directs the Applicant to develop and implement a plan wherein the cabinets will be arranged so as to minimize obstruction of the room sprinkler protection at the conclusion of each business day, at the direction and to the satisfaction of the State 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)].