As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 6, 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, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Andrew White of the Portsmouth Fire Marshals Office and Deputy State Fire Marshal Kevin Morris of the State Fire Marshal's Office.
APPLICANT: Robert Collins, Jr. and Denita Rossi, Esq.
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 & Cheryl Collins (owner) of 15 Wilkey Avenue, Portsmouth, RI dated [undated].
3.	The Application was received by the Board and File  170047 was opened on March 22, 2017.
4.	The property was previously before the Board on February 28, 2006 at which time Decision  050014 was issued dated May 17, 2006.
5.	The matter was previously before the Board on May 16, 2017 at which time it was reassigned until June 6, 2017 for further review to allow the Applicant to explore alternative compliance strategies.
6.	A subsequent hearing on the Application was conducted on June 6, 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 Filippi to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170047 and are pertinent to the decision rendered:

1.	Variance Application  170047 dated [undated] and filed on March 22, 2017.
2.	Portsmouth Fire Marshals Office Inspection Report dated February 9, 2017.
3.	Applicants Motion for Continuance  April 21, 2017.
4.	Reschedule Notice dated April 24, 2017.
5.	Decision  050014 dated May 17, 2006.
6.	Applicants RIDOH Food Establishment Inspection Report dated April 10, 2017.
7.	Portsmouth Fire Marshals Office updated Inspection Report with photographs (28) dated May 16, 2017.
8.	Reschedule Notice dated May 17, 2017.

EXHIBITS

The following documents were presented at the June 6, 2017 hearing as exhibits:

1.	Applicants Proposal from East Coast Fire & Ventilation, Inc. dated May 18, 2017.
2.	Applicants Agreement from Mount Hope Engineering, Inc. dated May 8, 2017.

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 May 16, 2017 inspection report compiled by the Portsmouth Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Portsmouth Fire Marshals Office during the June 6, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the May 16, 2017 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 assembly occupancy consisting of approximately two thousand two hundred forty-two (2,242) square feet (gross area) and originally built in 1961.
3.	The building is of masonry construction and has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the facility has been calculated at sixty-two (62) persons.
5.	There is no objection by the Portsmouth Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	17-173-VN: This deficiency has been corrected.
2.	17-100-VN: This deficiency has been corrected.
3.	17-99-VN: The Board hereby grants the Applicant a time variance of ninety (90) days from the date of the decision to comply with the provisions of NFPA 96 (2011) by installing a new kitchen hood, exhaust duct system and fire extinguishing system, at the direction and to the satisfaction of the Portsmouth Fire Marshal's Office.
4.	17-98-VN: This deficiency has been corrected.
5.	17-95-VN: This deficiency has been corrected.

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 Portsmouth 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)].