As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, 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: Deputy State Fire Marshal Robert Letourneau of the State Fire Marshals Office.
APPLICANT: Kevin Toomey, Peter Casale and Arthur Lima.
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 the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Arthur Lima (authorized representative) of 21 Peace Street, LLC, 100 Westminster Street, Providence, RI dated April 14, 2017.
3.	The Application was received by the Board and File  170063 opened on May 3, 2017.
4.	The property was previously before the Board with a former owner on January 5, 2016 at which time Decision  150121 was issued dated January 28, 2016.
5.	A hearing on the Application was conducted on May 23, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Booth to recommend granting 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  170063 and are pertinent to the decision rendered:

1.	Variance Application  170063 dated April 14, 2017 and filed on May 3, 2017.
2.	State Fire Marshals Office Inspection Report dated March 22, 2017.
3.	Decision  150121 dated January 28, 2016.
4.	Applicants plan of action dated April 17, 2017.

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 numbers of the Decision below correspond with those of the March 22, 2017 inspection report compiled by the State Fire Marshals Office and the Jensen Hughes plan of action dated April 17, 2017.  The above reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the May 23, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the March 22, 2017 inspection report and April 17, 2017 plan of action 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 existing facility consists of two (2) towers that are interconnected on the first, second and third levels and are separated by a 2-hour fire resistance rated fire barrier.  The west wing is six (6) stories in height while the east wing is eight (8) stories in height and classified as high-rise.
3.	Building construction is Type II (222), and the building is classified as a business occupancy with incidental storage and utilities, and has a non-compliant conventional fire alarm system with emergency forces notification throughout.  The building is protected by a partial automatic sprinkler system covering areas of the basement, first, second and third floor levels only.
4.	The west wing is currently fully occupied while floors two through eight of the east wing are unoccupied at this time with future use to be determined at a later date.
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.	FIRE ALARM: The Board grants the Applicant a time variance of nine (9) months from the date of the decision to install an approved emergency voice/alarm communications (EVAC) fire alarm system throughout the entire west wing and the basement and first floor of the east wing, at the direction and to the satisfaction of the State Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to provide monitoring of the existing fire alarm coverage currently provided on floors two through eight of the east wing by the new system and that these floors shall be upgraded to the new system prior to any re-occupancy.
2.	AUTOMATIC SPRINKLERS: The Board grants the Applicant a time variance from providing automatic sprinkler system for floors two through eight of the east wing until such time that those floors are re-occupied.  Upon these floors being occupied, the entire building shall be provided with automatic sprinkler protection.
3.	HANDRAILS: The Board grants the Applicant a variance allowing the existing handrails in Stair C of the west wing to remain in use.
4.	GUARDRAILS: The Board grants the Applicant a time variance of six (6) months from the date of the decision to install approved guardrails in Stair A and the West Stair of the west wing, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	EXIT STAIRS: The Board grants the Applicant a variance allowing the existing building service equipment located within Stair A of the west wing to remain in use.  In consideration of the relief granted herein, the Board directs that during future renovations, no further non-compliant equipment that does not serve the exit enclosure be introduced into the stairway. 

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 State 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.

The Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for the completion of this project.

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision 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: Board Rules and Regulations, 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: Board Rules and Regulations, 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: Board Rules and Regulations, 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:  Board Rules and Regulations, section 6-2-25).
4.	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: Board Rules and Regulations, 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)].