As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, September 12, 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 Filippi, Pearson, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Kevin Morris of the State Fire Marshals Office.
APPLICANT: Daniel Bell, Timothy Wensus, Steven Dellasanta, John Santoro and Joseph Fish.
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 Daniel Bell (authorized representative) of Upper Pond Realty, 1000 Gilbert Stuart Road, Saunderstown, RI dated May 18, 2017.
3.	The Application was received by the Board and File  170073 was opened on May 26, 2017.
4.	A hearing on the Application was conducted on September 12, 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 Sylvester and seconded by Commissioner Pearson to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 0 vote with Commissioners Jackson and Thornton abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170073 and are pertinent to the decision rendered:

1.	Variance Application  170073 dated May 18, 2017 and filed on May 26, 2017.
2.	State Fire Marshals Office Inspection Report dated April 27, 2017.
3.	Continuance request (email) from DSF Kevin Morris dated July 11, 2017.
4.	Reschedule Notice dated July 13, 2017.
5.	Applicants plan of action (Jensen Hughes report) dated September 11, 2017.

EXHIBITS

The following documents were presented at the September 12, 2017 hearing as exhibits:

1.	AHJs photographs (7 pages).

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 27, 2017 inspection 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 September 12, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the April 27, 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 storage occupancy consisting of approximately fifty thousand (50,000) square feet (gross area) and originally built in 1942.
3.	The building is of Type III (200) construction and is divided into three (3) separate control areas, has a compliant fire alarm system and is provided with an approved automatic sprinkler system.
4.	The use of this facility is for the storage and distribution of flammable and combustible liquids, primarily Class IIIB, in excess of the permitted maximum allowable quantities (MAQs) per control area.
5.	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.	This deficiency has been corrected.
2.	AUTOMATIC SPRINKLERS: The Board grants the Applicant a time variance of one (1) year from the date of the decision to comply with the provisions of NFPA 13 (2010) section 8.1.1 by bringing the facilitys existing automatic sprinkler system into compliance in accordance with the September 11, 2017 plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	FLAMMABLE AND COMBUSTIBLE LIQUIDS / MAQs per Control Area: The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RIFC section 66.9.6.1 [note 4] by providing this facility with an approved automatic sprinkler system in accordance with NFPA 13, at the direction and to the satisfaction of the State Fire Marshal's Office.

In consideration of the relief granted herein, the Board directs the Applicant to remove all unapproved flammable and/or combustible materials within ninety (90) days of the date of the decision, at the direction and to the satisfaction of the State Fire Marshal's 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).
Finally, the Board hereby authorizes the State 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)].