As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, May 2, 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 Pearson, Jackson, Sylvester and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Steven Kapalka of the Warwick Fire Marshals Office and Deputy State Fire Marshal James Gumbley of the State Fire Marshal's 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 Christopher Buontempo (owner) of 1170 Ives Road, East Greenwich, RI dated March 6, 2017.
3.	The Application was received by the Board and File  170042 was opened on March 10, 2017.
4.	A hearing on the Application was conducted on May 2, 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 Thornton and seconded by Commissioner Sylvester to deny the appeal and close the file.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170042 and are pertinent to the decision rendered:

1.	Variance Application  170042 dated March 6, 2017 and filed on March 10, 2017.
2.	Warwick Fire Marshals Office Inspection Report dated December 21, 2016.

EXHIBITS

The following documents were presented at the May 2, 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 21, 2016 inspection report compiled by the Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the May 2, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the December 21, 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 2-story with basement three-family apartment occupancy consisting of approximately four thousand five hundred fifty-six (4,566) square feet (gross area) and originally built in 1915.
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 was provided with both written notice (3/13/17) and telephone notice (4/28/17 & 5/1/17) of the hearing date, and on May 1, 2017 indicated to Board staff that he would not be in attendance.
5.	There is a request by the Warwick and State Fire Marshals Offices to support the denial of relief and closing of the file.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	Appeal denied  file closed.

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)].