As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, August 1, 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, Pearson, Jackson, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Thomas Marcello and Kevin Racette of the Johnston Fire Marshals Office.
APPLICANT: Michael Dressler.
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 Michael Dressler (authorized representative) of 1 Carding Lane, Johnston, RI dated June 30, 2017.
3.	The Application was received by the Board and File  170094 was opened on July 13, 2017.
4.	A hearing on the Application was conducted on August 1, 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 Pearson and seconded by Commissioner Booth 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  170094 and are pertinent to the decision rendered:

1.	Variance Application  170094 dated June 30, 2017 and filed on July 13, 2017.
2.	Johnston Fire Marshals Office Inspection Report dated June 5, 2017.
3.	Letter of authorization for Michael Dressler from Jeffrey A. Feibelman dated July 13, 2017.

EXHIBITS

The following documents were presented at the August 1, 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 June 5, 2017 inspection report compiled by the Johnston Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Johnston Fire Marshals Office during the August 1, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the June 5, 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 industrial occupancy consisting of approximately one hundred twenty-five thousand (125,000) square feet (gross area) and originally built in 1978 with a 1983 addition.
3.	The building is of masonry and metal construction and does not have a compliant fire alarm system and is provided with an approved automatic sprinkler system.
4.	There is no objection by the Johnston 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.	STORAGE OF COMBUSTIBLE MATERIALS: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 10.19.3.2 by developing and submitting a plan of action for providing adequate clearance from combustible materials and automatic sprinkler protection devices throughout the facility.  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 Johnston Fire Marshals Office.
4.	RUBBISH CHUTES: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RIFC section 11.6 by providing this facility with approved protection for the installed rubbish chute, at the direction and to the satisfaction of the Johnston Fire Marshal's Office.
5.	SMOKE CONTROL: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RIFC section 11.8.2 by providing this facility with approved smoke control systems, at the direction and to the satisfaction of the Johnston Fire Marshal's Office.
6.	This deficiency has been corrected.
7.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RIFC section 11.8.2 by installing an approved fire alarm system throughout the facility, at the direction and to the satisfaction of the Johnston Fire Marshals Office.
8.	AUTOMATIC SPRINKLERS: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RIFC section 13.6.9 by providing documentation of an approved program for inspection, testing and maintenance of the facility automatic sprinkler system, at the direction and to the satisfaction of the Johnston Fire Marshals Office.
9.	This deficiency has been corrected.
10.	This will be corrected with the completion of item  7, above.
11.	This will be corrected with the completion of item  7, above.
12.	This will be corrected with the completion of item  7, above.
13.	EMERGENCY LIGHTING: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RIFC sections 14.12 and 14.13 by providing this facility with approved egress illumination and emergency lighting, at the direction and to the satisfaction of the Johnston Fire Marshals Office.
14.	This deficiency has been corrected.
15.	This deficiency has been corrected.
16.	This deficiency has been corrected.
17.	OTHER FIRE PROTECTION SYSTEMS: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RIFC section 13.8 by updating the existing fire protection system or removing it if not required, at the direction and to the satisfaction of the Johnston Fire Marshals Office.
18.	FLAMMABLE AND COMBUSTIBLE LIQUIDS: The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RIFC section 66.6.9 by providing approved fire protection for the use and storage of ethylene acetate, at the direction and to the satisfaction of the Johnston 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).

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)].