As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, August 22, 2017 before 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 Michael Dexter of the Smithfield Fire Marshals Office and Acting State Fire Marshal James Gumbley of the State Fire Marshal's Office.
APPLICANT: Kevin Gillis and Ernest Mellin.
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 Kevin A. Gillis (authorized representative) of Northborough Realty Holdings, LLC, 4 Courthouse Lane -- Suite 16, Chelmsford, MA dated [undated].
3.	The Application was received by the Board and File  160085 was opened on June 1, 2016.
4.	An initial hearing on the Application was conducted on August 16, 2016 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review wherein Decision  160085 was issued dated September 14, 2016.
5.	A subsequent hearing on the Application was conducted on November 29, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review wherein Decision  160085A was issued dated December 8, 2016.
6.	A subsequent hearing on the Application was conducted on January 24, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review wherein Decision  160085B was issued dated February 2, 2017.
7.	A subsequent hearing on the Application was conducted on May 23, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.  At that time the matter was reassigned until August 22, 2017 for further compliance status review.
8.	A subsequent hearing on the Application was conducted on August 22, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
9.	After all evidence was presented at the hearing, a motion was made by Commissioner Pearson and seconded by Commissioner Jackson 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  160085 and are pertinent to the decision rendered:

1.	Variance Application  160085 dated [undated] and filed on June 1, 2016.
2.	Smithfield Fire Marshals Office Inspection Report dated April 7, 2016.
3.	Decision  160085 dated September 14, 2016.
4.	Decision  160085A dated December 8, 2016.
5.	Decision  160085B dated February 2, 2017.
6.	Applicants email request for continuance dated March 3, 2017.
7.	Applicants email request for continuance dated April 12, 2017.
8.	Reschedule Notice dated March 16, 2017.
9.	Applicants email request for continuance dated April 12, 2017.
10.	Reschedule Notice dated April 13, 2017.
11.	Reschedule Notice dated June 1, 2017.
12.	Applicants status update [email] dated August 18, 2017.
13.	Applicants sprinkler system proposal from Oceanstate Fire Protection, Inc. dated August 22, 2017.

EXHIBITS

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

1.	Applicants sprinkler system analysis by Encore Fire Protection dated August 21, 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 7, 2016 inspection report compiled by the Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshals Office during the August 22, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the April 7, 2016 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 3-story multiple/mixed use (assembly, mercantile, business, industrial and storage) occupancy consisting of approximately one hundred one thousand one hundred seventy-four (101,174) square feet and originally built in 1900.
3.	The building is of Type IV (2HH) construction and does not have a compliant fire alarm system and is provided with a non-compliant automatic sprinkler system.
4.	The Board finds that at the time of this hearing the facility is occupied by six (6) separate tenants.
5.	There is no objection by the Smithfield Fire Marshals Office or the State Fire Marshal's Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant a time variance of one hundred thirty (130) days to bring all outstanding deficiencies into compliance as follows:
a.	Final sprinkler system design plans shall be submitted to the Smithfield Fire Marshals Office within fourteen (14) days of the date of the decision;
b.	The Smithfield Fire Marshals Office shall review and either approve or disapprove with explanation the sprinkler design plans within thirty (30) days of receipt;
c.	All sprinkler work shall be completed within seventy-five (75) days of the Applicant receiving approved plans; and,
d.	All additional non-sprinkler work shall be completed within forty-five (45) days from this latter date.
2.	The Board directs that there shall be no further review by the Board of this project with the limited exception that this file may be reopened so that any disapproval of sprinkler plans may be appealed to the Board.

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 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.	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)].