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 Marshal John Ireland of the Cranston Fire Marshals Office.
APPLICANT: Richard DiSano, Richard DiSano, Jr. and Ray Lonardo.
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 Richard DiSano (owner) of 25 Selma Street, Cranston, RI dated July 17, 2017.
3.	The Application was received by the Board and File  170095 was opened on July 17, 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 Thornton and seconded by Commissioners Filippi and Jackson to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 0 vote with Vice-Chairman Blackburn and Commissioner Booth abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170095 and are pertinent to the decision rendered:

1.	Variance Application  170095 dated July 17, 2017 and filed on July 17, 2017.
2.	Cranston Fire Marshals Office Inspection Report dated June 29, 2017.

EXHIBITS

The following documents were presented at the August 1, 2017 hearing as exhibits:

1.	AHJ photographs (12).

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 29, 2017 inspection report compiled by the Cranston Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the August 1, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the June 29, 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 1-story with basement industrial occupancy consisting of approximately eighteen thousand seven hundred seventy (18,770) square feet (gross area) and originally built in 1935.
3.	The building is of masonry construction and does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The Cranston Fire Marshals Office has classified this facility as a high hazard industrial occupancy.  While there was some discussion as to the basis for this classification at the hearing, absent any evidence to the contrary, the Board affirms and accepts this classification.
5.	There is no objection by the Cranston Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	AUTOMATIC SPRINKLER SYSTEM: 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 section 40.3.2.1 and NFPA 400 (2010) section 6.2.1.1 by developing and submitting a plan of action for the installation of an approved automatic sprinkler system 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 Cranston Fire Marshals Office.
2.	AUTOMATIC SPRINKLER SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of NFPA 25 (2011) section 4.1.1 and Chapter 15 by providing this facility with an approved sprinkler system impairment program, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
3.	STANDBY FIRE PERSONNEL: The Board hereby upholds the AHJs imposition of an internal fire watch utilizing facility personnel in accordance with RIFC sections 1.7.16 and 3.3.126 until such time that the sprinkler system is brought into compliance.
4.	HAZARDOUS MATERIALS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 5.1.12 by providing this facility with an approved hazardous materials storage program, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
5.	HAZARDOUS MATERIALS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 60.4.3.6.1 by providing this facility with an approved hazardous materials use, storage and protection program, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
6.	HAZARDOUS MATERIALS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 60.5.1.8.2.2 by providing this facility with an approved hazardous materials use, storage and protection program, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
7.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 40.2.4.1.1 by providing the doors in the egress system of the Prosys section of this facility with approved hardware and signage, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
8.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 40.2.5 by eliminating all dead-end corridors, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
9.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 40.3.1 and 8.6.1 by providing approved separation between floors and occupancies of this facility, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
10.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.2.2.5.1.1 by providing approved protection for the interior stairs of this facility, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
11.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of NFPA 400 (2010) section 6.2.1.4.5 by providing the doors serving high hazard areas of this facility with approved hardware, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
12.	This deficiency has been corrected.
13.	COMBUSTIBLE MATERIALS: The Board hereby grants the Applicant fourteen (14) days from the date of this hearing to comply with the provisions of RIFC section 10.19.7 by removing all fueled equipment from this facility, at the direction and to the satisfaction of the Cranston Fire Marshals Office.
14.	This deficiency has been corrected.
15.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 40.3.4.1 by providing this facility with an approved fire alarm system in accordance with section 9.6, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
16.	KEY ACCESS BOX: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 18.2.2.1 by providing this facility with an approved key access box, at the direction and to the satisfaction of the Cranston Fire Marshals Office.
17.	This deficiency has been corrected.
18.	HAZARDOUS MATERIALS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC chapter 60 by providing this facility with an approved hazardous materials spill control and containment program, at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
19.	FIRE PROTECTION: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 8.7.4.1 by having any laboratory within the facility using chemicals brought into compliance with NFPA 45 (2011), at the direction and to the satisfaction of the Cranston Fire Marshal's Office.
20.	TECHNICAL ASSISTANCE: The Board hereby upholds the AHJs requirement for an third party technical review for the facility in accordance with RILSC section 4.6.1.4 until such time that the facility is brought into compliance.

In consideration of the relief granted herein, the Board directs the Applicant to provide emergency forces notification for the facilitys fire alarm system in accordance with RILSC section 9.6.4.2 and this be deemed a required system.

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 Cranston 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)].