As indicated in the file, a hearing involving the above-captioned property was conducted on December 13, 2016 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: Vice-Chairman Blackburn and Commissioners Richard, Filippi, Pearson, Walker, Jackson, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Wade Palazini of the State Fire Marshals Office.
APPLICANT: Christopher Cotta, David Evans and Paul Hauser.
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 Christopher Cotta (authorized representative) of Office of the Attorney General, 150 South Main Street, Providence, RI dated December 7, 2016.
3.	The Application was received by the Board and File  160175 opened on December 7, 2016.
4.	A hearing on the Application was conducted on December 13, 2016 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 Walker and seconded by Commissioner Booth to grant the Applicant the relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160175 and are pertinent to the decision rendered:

1.	Variance Application  160175 dated December 7, 2016 and filed on December 7, 2016.
2.	State Fire Marshals Office Plan Review Report  7954 dated November 28, 2016.

EXHIBITS

The following documents were presented at the December 13, 2016 hearing as exhibits:

1.	Hiller New England Fire Protection Proposal dated September 15, 2016.

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 November 28, 2016 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 December 13, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the November 28, 2016 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 building is a proposed 1-story with partial basement business occupancy consisting of approximately twenty-six thousand six hundred (26,600) square feet.
3.	The building will have a compliant fire alarm system and will be provided with an approved automatic sprinkler system.
4.	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.	The Board hereby grants the Applicant a variance from the provisions of RIFC section 36.1.2 and NFPA 75 (2009) section 8.1.1 by allowing the omission of automatic sprinkler protection in technology room  147 and storage room  146 of the proposed structure.  In consideration of the relief granted herein, the Board approves the Applicants proposed plan of action to provide an alternate clean agent fire extinguishing system as set forth in RILSC section 9.7.3 at the direction and to the satisfaction of the State Fire Marshal's Office and that this system shall be deemed a required system.  Further, the Board adopts and incorporates the Applicants proposed plan of action to increase the fire resistance-rated construction of the separation of these rooms from the current 1-hour rating to a 2-hour rating.
2.	The Board hereby grants the Applicant a variance from the provisions of NFPA 13 (2010) section 4.1 by allowing the omission of automatic sprinkler protection in high density storage room  127 of the proposed structure.  In consideration of the relief granted herein, the Board approves the Applicants proposed plan of action to provide an alternate clean agent fire extinguishing system as set forth in RILSC section 9.7.3 at the direction and to the satisfaction of the State Fire Marshal's Office and that this system shall be deemed a required system.  Further, the Board adopts and incorporates the Applicants proposed plan of action to provide a 2-hour fire resistance-rated separation of this room.
3.	No relief requested.
4.	No relief requested.
5.	No relief requested.
6.	No relief requested.
7.	No relief requested.
8.	No relief requested.
9.	No relief requested.
10.	No relief requested.

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)].