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 Kaitlyn Iannone of the State Fire Marshals Office.
APPLICANT: Robert Barber.
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 Robert Barber (authorized representative) of PO Box 272, Westerly, RI dated July 6, 2017.
3.	The Application was received by the Board and File  170096 was opened on July 18, 2017.
4.	The matter was initially before the Board on August 29, 2017 at which time a Mr. Caswell Cook, Jr. appeared for the Applicant.  However, as he was neither the property owner nor an authorized representative, the matter was reassigned to September 12, 2017.
5.	A subsequent hearing on the Application was conducted on September 12, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Pearson and seconded by Commissioner Thornton 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  170096 and are pertinent to the decision rendered:

1.	Variance Application  170096 dated July 6, 2017 and filed on July 18, 2017.
2.	State Fire Marshals Office Inspection Report dated June 6, 2017.
3.	Letter of authorization for Bob Barber from Stephen Crandall dated July 11, 2017.
4.	Reschedule Notice dated September 1, 2017.

EXHIBITS

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

1.	None.

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 6, 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 June 6, 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 2-story multiple/mixed use (mercantile and single-family dwelling) occupancy consisting of approximately two thousand three hundred four (2,304) square feet (gross area) and originally built in 1958.
3.	The building is of Type V (000) construction and does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	It is the understanding of the Board that the Applicant is the current tenant of the property until September 17, 2017 at which time the business will cease operations permanently and vacate the premises.
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.	COOKING EQUIPMENT: The Board grants the Applicant a variance from the provisions of RIFC sections 50.2 and 50.4.3.2 by allowing the continued use of the existing cooking equipment without installing a hood exhaust and/or suppression system until September 18, 2017, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	COOKING EQUIPMENT: The Board hereby grants the Applicant the variance outlined in item 1 above from complying with the provisions of RIFC section 50.4.
3.	This deficiency has been corrected.

In consideration of the relief granted herein, the Board directs that any continued or new use of the property after September 18, 2017 be in accordance with all applicable provisions of the Rhode Island State Fire Safety Code.


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)].