As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, July 25, 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 Richard, Pearson, Sylvester, Booth and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Michael Macaruso and Acting State Fire Marshal James Gumbley of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.
APPLICANT: Stuart Flanagan and Rick Hall.
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 Stuart Flanagan (authorized representative) of Stateside Precision Group, LLC, 5 Richmond Square, Providence, RI dated May 16, 2017.
3.	The Application was received by the Board and File  170081 was opened on June 8, 2017.
4.	A hearing on the Application was conducted on July 25, 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 Richard and seconded by Commissioner Booth to deny the Applicant the requested relief as outlined herein.  The motion passed on a 6 to 0 vote to deny: Newbrook  aye, Richard  aye, Pearson  aye, Sylvester  aye, Booth  aye and Davison  aye.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170081 and are pertinent to the decision rendered:

1.	Variance Application  170081 dated May 16, 2017 and filed on June 8, 2017.
2.	State Fire Marshals Office Plan Review Report dated May 16, 2017.
3.	Letter of authorization for Stuart Flanagan of Stateside Precision Group, LLC from Robert Paquette dated June 6, 2017.

EXHIBITS

The following documents were presented at the July 25, 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 May 16, 2017 plan review 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 July 25, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the May 16, 2017 plan review 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 Board finds that the only reason set forth by the Applicant for the relief requested was to maximize productivity of the proposed photovoltaic installation by providing maximum exposure and minimal shading.
3.	The Board finds that the majority of the installation involves the south side of the roof, which is the street side for fire department access.
4.	The Board further finds that the requirement for access and pathway clearances is essential for firefighter safety for roof ventilation and other firefighter activities during fire suppression operations.
5.	The State Fire Marshals Office and the Newport Fire Marshals Office both raised objections to the granting of the relief requested.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby DENIES the Applicant a variance from the provisions of RIFC section 11.12.2.2.3.1.

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)].