As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, August 22, 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 Pearson, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Peter McMichael of the Providence Fire Marshals Office.
APPLICANT: Attorney Peter Lacouture, Robert Galgano, Richard St. Andre and Michael Morin.
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 Steve Redden (authorized representative) of 124 Grove Street -- Suite 205, Franklin, MA dated April 22, 2017.
3.	The Application was received by the Board and File  170076 was opened on June 2, 2017.
4.	The matter was initially scheduled to be heard before the Board on July 18, 2017 at which time it was reassigned until August 1, 2017 at the Applicants request to further explore a plan of action with the AHJ.
5.	The matter was before the Board on August 1, 2017 at which time it was reassigned until August 22, 2017 at the Applicants request to further explore a plan of action with the AHJ.
6.	A hearing on the Application was subsequently conducted on August 22, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Booth to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 1 vote to deny in part and grant in part: Pearson  aye; Sylvester  aye; Booth  aye; Thornton  aye; Davison  aye; Jackson  nay; and, Newbrook  abstain.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170076 and are pertinent to the decision rendered:

1.	Variance Application  170076 dated April 22, 2017 and filed on June 2, 2017.
2.	Providence Fire Marshals Office Plan Review Report dated April 26, 2017.
3.	Letter of authorization for Steve Redden from Chris Jayavendra of National Grid dated May 16, 2017.
4.	Applicants request [email] for continuance dated July 18, 2017.
5.	Reschedule Notice dated July 19, 2017.
6.	Email from Board to Applicant (attorney) dated July 24, 2017.
7.	Applicants request [email] for continuance dated July 28, 2017.
8.	Applicants Supplement to Application for Variance dated August 18, 2017.

EXHIBITS

The following documents were presented at the August 22, 2017 hearing as exhibits:

1.	Applicants site photograph and security fence site plan dated February 13, 2017.

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 April 26, 2017 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the August 1, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the April 26, 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 building is a new 2-story with basement industrial occupancy consisting of approximately thirty-eight thousand five hundred ninety-two (38,592) square feet (gross area) and currently being constructed.
3.	The building is of Type II (000) construction and will have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The facility is an unmanned utility substation and transmission yard located within a secure 10 fenced enclosure that houses high voltage electrical transmission equipment ranging from 11,500 volts (11.5 kV) to 115,000 volts (115 kV).  The Board further finds that this site location poses a significant electrocution risk to any untrained personnel entering into the facility and that it is a legitimate and reasonable request by the utility to require trained and qualified escort personnel for any potential first responders entering the facility.
5.	The Board finds that the building fire alarm system is augmented by a hydrogen gas detection system, electrical equipment & controls monitors and remote security cameras and that all of these systems are monitored off-site 24 hours a day, 365 days a year by National Grids New England Regional Control Center, which dispatches trained utility personnel to all alarm activations.  The Board further finds that in typical scenarios, trained utility personnel response time to an event or alarm activation is less than twenty (20) minutes.
6.	The Board finds that this facility poses a significant potential risk to exposure building in close proximity, including but not limited to an adjacent outdoor parking garage and the South Street Landing building.  The Board finds that it is a legitimate and reasonable request by the Providence Fire Department [PFD] to require emergency forces notification of any fire alarm system activation within the facility for the purposes of staging apparatus, personnel and other equipment and resources in order to adequately protect these exposures, including any vehicle and/or pedestrian traffic in the immediate area.
7.	The Board finds that the PFD has substantial provisions in place, including but not limited to standard operating procedures (SOPs), standing orders and site dispatch assignments to prevent responding fire personnel from entering the facility yard or building without the expressed approval and escort by trained utility personnel.  The Board further finds that the PFD is in agreement that a key access box with keys to the facility gate(s) or building will not be required nor provided.
8.	There is no objection by the Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	FIRE ALARM: The Board hereby denies the Applicant a variance from the provisions of RILSC section 40.3.4.3.5 and directs that emergency forces notification for the building fire alarm system be provided.
2.	KEY ACCESS BOX: The Board grants the Applicant a variance from the provisions of RIFC section 18.2.2.1 by approving the omission of a key access box with facility keys.

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)].