As indicated in the file, a hearing involving the above-captioned property was conducted on May 23, 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 Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Timothy J. Lutz, Sr. of the Providence Fire Marshals Office.
APPLICANT: Julian Dash and Misha Glazomitsky.
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 Julian Dash (authorized representative) of 91 Clemence Street, Providence, RI dated December 19, 2016.
3.	The Application was received by the Board and File  160183 was opened on December 28, 2016.
4.	The matter was initially heard by the Board on February 28, 2017 at which time the matter was continued to March 28, 2017 without a finding to allow the Applicant to explore alternate plans of action to mitigate the deficiencies.
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 at which time the matter was again continued without a finding until May 23, 2017 to allow the Applicant to further explore alternate plans of action to mitigate the deficiencies.
6.	A subsequent hearing on the Application was conducted on May 23, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 1 vote with Commissioner Jackson voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160183 and are pertinent to the decision rendered:

1.	Variance Application  160183 dated December 19, 2016 and filed on December 28, 2016.
2.	Providence Fire Marshals Office Plan Review Report dated September 16, 2016.
3.	Letter [email] of authorization for Julian Dash of Clean Economy Development, LLC from Shaun Buckler dated December 23, 2016.
4.	Email to the Board from the Providence Fire Marshals Office dated February 28, 2017.
5.	Reschedule Notice dated February 28, 2017.
6.	Email to the Board from Inspector Timothy J. Lutz, Sr. of the Providence Fire Marshal's Office dated March 28, 2017.
7.	Reschedule Notice dated March 30, 2017.
8.	Applicants Bilko double leaf fire vent [Type DSH] cut sheet.

EXHIBITS

The following documents were presented at the May 23, 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 Decision below corresponds with the September 16, 2016 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the February 28, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the September 16, 2016 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 Board finds that a large photovoltaic array has been installed and is currently operational on the roof of the subject building without receiving the required plan review approval by the AHJ.
3.	The Board further finds that according to the undisputed testimony of the Applicant, that proper building and electrical permits were obtained from the Providence Department of Inspection and Standards [DIS] prior to the work being completed.  It was the testimony of the Applicant that they were advised by DIS personnel that review by the AHJ was not required for this project.
4.	The Providence Fire Marshals Office has no objection to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance to allow the existing roof-mounted photovoltaic arrays to remain in use with the following conditions: 1) a roof-mounted double leaf fire vent [Type DSH] unit(s) shall be installed as designed and specified by a licensed professional engineer; 2) fire alarm system heat detection shall be required and provided in the attic space; and, 3) the Applicants authorized representative shall ensure that the owner is advised of the firefighting operational restrictions for the building imposed by the Providence Fire Department due to this installation.

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)].