As indicated in the file, a hearing involving the above-captioned property was conducted on March 28, 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, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Kevin Morris of the State Fire Marshals Office.
APPLICANT: Akshay Talwar, Kyle Naylor and Dan Grady.
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 Akshay Talwar (owner) of Briarcliffe Manor, 49 Old Pocasset Road, Johnston, RI dated 1/19/12 (sic).
3.	The Application was received by the Board and File  170013 was opened on January 20, 2017.
4.	A hearing on the Application was conducted on March 28, 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 Vice-Chairman Blackburn and seconded by Commissioner Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.
6.	On June 13, 2017 DSFM Kevin Morris of the State Fire Marshal's Office notified the Board that upon the receipt of new information and further review that item  7 of the inspection report dated December 8, 2016 was in compliance and that the relief set forth in the original Decision was not required nor desired by the Applicant.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170013 and are pertinent to the decision rendered:

1.	Variance Application  170013 dated 1/19/12 (sic) and filed on January 20, 2017.
2.	State Fire Marshals Office Inspection Report dated December 8, 2016.
3.	State Fire Marshals Office letter via email dated June 13, 2017.

EXHIBITS

The following documents were presented at the March 28, 2017 hearing as exhibits:

1.	Applicants Code Analysis Summary drawings [4 pages] dated March 20, 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 December 8, 2016 inspection report 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 March 28, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the December 8, 2016 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 2-story with basement health care occupancy consisting of approximately forty-seven thousand seven hundred forty-eight (47,748) square feet (gross area) and originally built in 1963.
3.	The building is of Type III (200) and Type II (000) construction and has a compliant fire alarm system and is provided with an approved automatic sprinkler system.
4.	The occupancy of the building is further licensed as a nursing facility [ LTC00435] by the Rhode Island Department of Health and is therefore also subject to the requirements set forth by the Centers for Medicare and Medicaid Services (CMS).
5.	The maximum occupant load of the facility has been calculated at five hundred eighteen (518) persons.
6.	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.	This deficiency has been corrected.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	This deficiency has been withdrawn  in compliance.
8.	SPRINKLER SYSTEM: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the original decision [April 5, 2017] to comply with the provisions of RILSC section 19.3.5.1 by developing and submitting a plan of action to protect any above-ceiling spaces with automatic sprinkler protection.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.
9.	PROTECTION OF HAZARDS: The Board hereby grants the Applicant the time variance as set forth in item 8 above to comply with the provisions of RILSC section 19.3.2.1 by providing either a 2-hour separation in accordance with NFPA 13 (2010) section 8.15.10.3 or sprinkler protection for the boiler room, at the direction and to the satisfaction of the State Fire Marshals Office.

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.

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).
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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)].