As indicated in the file, a hearing involving the above-captioned property was conducted on June 20, 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, Pearson, Jackson, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Gordon Walsh and Gregory Pariseault of the North Kingstown Fire Marshals Office.
APPLICANT: Eric Wishart and Attorney Robert Craven.
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 Eric Wishart c/o Wing-Ley Realty Co. (authorized representative) of 7315 Post Road, North Kingstown, RI dated February 13, 2017.
3.	The Application was received by the Board and File  170037 was opened on March 17, 2017.
4.	A hearing on the Application was conducted on June 20, 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 Jackson to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170037 and are pertinent to the decision rendered:

1.	Variance Application  170037 dated February 13, 2017 and filed on March 17, 2017.
2.	North Kingstown Fire Marshals Office Inspection Report dated February 2, 2017.
3.	Letter of authorization for Eric Wishart from Cindy Chan dated January 9, 2017.
4.	Email from the Board [WKB] to the Applicant and the AHJ dated March 29, 2017.
5.	Reschedule Notice dated March 31, 2017.
6.	Reschedule Notice dated April 4, 2017.

EXHIBITS

The following documents were presented at the June 20, 2017 hearing as exhibits:

1.	AHJs photographs (4).

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 February 2, 2017 inspection report compiled by the North Kingstown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the June 20, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the February 2, 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 2-story with basement multiple/mixed use (assembly and storage) occupancy consisting of approximately six thousand three hundred forty-two (6,342) square feet (gross area) and originally built in 1803.
3.	The building is of wood frame construction and does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	There is no objection by the North Kingstown Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.5.1 by allowing the existing stairway with non-compliant headroom to remain in use based upon a structural hardship.
2.	EGRESS: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC sections 7.2.2.4.1, 7.2.2.4.2 and 7.2.2.4.3 by developing and submitting a plan of action for the installation of compliant stair handrails.  The Board further grants the Applicant an additional ninety (90) days in order to implement the above plan of action, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
3.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 7.2.2.3.2.1 and 7.2.2.3.2.5 by allowing the existing stairway without a landing to remain in use based upon a structural hardship.
4.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.1.2.3.2 by allowing the existing stairway door width of twenty-six (26) inches to remain in use based upon a structural hardship.
5.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.2.4.1 by allowing the existing stairway with non-compliant winders to remain in use based upon a structural hardship.
6.	INTERIOR FINISH: The Board hereby grants the Applicant forty-five (45) days from the date of the decision to comply with the provisions of RILSC section 13.3.3.2 by treating all wood paneling in the stairway with an approved fire-retardant coating (intumescent paint), at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
7.	EGRESS LIGHTING: The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC sections 13.2.8 and 7.8.1.1 by providing the stairway of this facility with approved egress lighting, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
8.	EGRESS LIGHTING: The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC sections 13.2.8 and 7.8.1.1 by providing the second floor hallway of this facility with approved egress lighting, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
9.	INTERIOR FINISH: The Board hereby grants the Applicant forty-five (45) days from the date of the decision to comply with the provisions of RILSC section 13.3.3.2 by treating all wood paneling in the second floor hallway with an approved fire-retardant coating (intumescent paint), at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
10.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.5.1 by allowing the existing doors to room  1 with non-compliant headroom to remain in use based upon a structural hardship.
11.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.5.1 by allowing the existing doors to room  2 with non-compliant headroom to remain in use based upon a structural hardship.
12.	FIRE ALARM: The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 13.3.4.1.1 by providing this facility with an approved manual fire alarm box on the second floor, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
13.	This deficiency has been corrected.
14.	This deficiency has been corrected.
15.	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).

In consideration of the relief granted herein, the Board sets the following conditions:
1.	Use of the second floor is limited to storage occupancy only;
2.	Incidental business use (restaurant office) shall be permitted on the second floor upon the installation of an approved fire escape installed in accordance with RILSC section 7.2, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.  There shall be no occupancy of the second floor by the public  this floor is limited to employees only.
3.	One (1) of the two (2) bathrooms on the second floor shall be permitted to remain in use.  All shower / tub fixtures shall be removed within forty-five (45) days of the date of the decision.
Finally, the Board hereby authorizes the North Kingstown 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)].