As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, May 9, 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 Filippi, Pearson, Walker, Sylvester, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Robert Couture of the State Fire Marshals Office.
APPLICANT: Robert Lambert.
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 Robert Lambert (authorized representative) of BL Architects, 150 Bellevue Avenue, Newport, RI dated April 17, 2017.
3.	The Application was received by the Board and File  170062 was opened on April 21, 2017.
4.	A hearing on the Application was conducted on May 9, 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 Sylvester and seconded by Commissioners Thornton and Walker 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  170062 and are pertinent to the decision rendered:

1.	Variance Application  170062 dated April 17, 2017 and filed on April 21, 2017.
2.	State Fire Marshals Office Plan Review Report dated December 28, 2015.
3.	State Fire Marshals Office Plan Review Disapproval Notice dated [undated].
4.	Letter to the Board from Robert Lambert dated April 19, 2017.
5.	Letter of authorization for Robert Lambert from Dennis Algiere dated April 20, 2017.
6.	Request for expedited hearing from Robert Lambert dated April 21, 2017.

EXHIBITS

The following documents were presented at the May 9, 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 (undated) plan review report addendum 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 May 9, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the (undated) plan review 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 a recently reconstructed 3-story multiple/mixed use occupancy (assembly, business and storage) that is located over water, supported by piles on a dock, consisting of approximately two thousand five hundred (2,500) square feet per floor and originally built in 1940.
3.	The Board finds that this existing structure was originally two (2) stories in height and was elevated approximately 10 6-1/2as part of the current renovation project in order to comply with flood mitigation requirements, creating a new dock level which has been re-classified as the level of exit discharge.  This new dock level will be utilized for storage only and will be enclosed by overhead garage-type doors and break-away trim panels.
4.	The building is of Type V (000) construction and has a compliant fire alarm system and is provided with an approved automatic (dry) sprinkler system.  The Board finds that emergency forces notification is not required for the fire alarm system of this building but will be provided in consideration of the relief granted.
5.	The maximum occupant load of the facility has been calculated at one hundred forty (140) persons:
a.	Dock level (storage)  7 persons
b.	First Floor (business)  14 persons
c.	Second Floor (assembly)  119 persons.
6.	The Board finds that prior to the onset of the construction project, plans were submitted to and approved by the State Fire Marshal's Office on or about December 28, 2015 and it was not until a rough inspection site visit on April 11, 2017 that the discrepancy between construction type and number of stories was determined.
7.	The Board finds that upon notice of this re-classification, the Applicant has provided a 1-hour fire rated ceiling assembly, separating the dock level from the first floor level above.
8.	The Board finds that there are two (2) approved exit stairs from the upper two (2) levels that are independent from and do not traverse through the lower dock level.
9.	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.	CONSTRUCTION TYPE: The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.1.6 by allowing the existing construction type and number of stories to remain as constructed and be deemed compliant.

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)].