As indicated in the files, a hearing involving the above-captioned properties 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 hearings were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Filippi, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals James Gumbley and Christine Kent of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.
APPLICANT: Kevin Toomey, Joseph Spokis, John Ranieri and Jason Lavoie.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application(s) 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 Jason Lavoie (authorized representative) of Toray Plastics (America) Inc., 100 Belver Avenue, North Kingstown, RI dated March 6, 2017.
3.	The Applications were received by the Board and File  170049 -- 170053 were opened on March 30, 2017.
4.	A hearing on the Applications was conducted on June 6, 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 Booth 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  170049  170053 and are pertinent to the decision rendered:

1.	Variance Applications  170049  170053 dated March 6, 2017 and filed on March 30, 2017.
2.	State Fire Marshals Office Inspection Reports dated June 17, 2016.
3.	Applicants (Jensen Hughes) plan of action dated March 6, 2017.
4.	Letter of authorization for Jensen Hughes from Michael Brandmeier of Toray Plastics (America) Inc. dated February 24, 2017.

EXHIBITS

The following documents were presented at the June 6, 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 those of the June 17, 2016 inspection reports compiled by the State Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the June 6, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the June 17, 2016 inspection reports 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.	There is no objection by the State Fire Marshals Office or the North Kingstown Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	FIRE ALARM SYSTEM: The Board grants the Applicant a time variance of three (3) years from the date of the decision to comply with the provisions of RILSC section 9.6 by developing and implementing a plan of action for the installation of approved fire alarm systems throughout the facility campus, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 9.6.9.6 by allowing the use of optical fiber cables, installed in accordance with NFPA 72 (2010 edition) section 12.2.4.1, for the purpose of providing networking of control equipment and supplemental transmission of signals.
3.	The Board hereby affirms the provisions of RILSC section 9.6.2.12 by allowing the Applicant the option of alternate detection installation methods in areas subject to multiple nuisance alarms where designed and specified by their design professional, at the direction and to the satisfaction of the State Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to provide written notice to the AHJ [State Fire Marshals Office and the North Kingstown Fire Marshals Office] documenting any proposed modifications.  Any adverse ruling by the AHJ shall be subject to review by the Board.

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)].