As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, February 20, 2018 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Filippi, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Kaitlyn Iannone of the State Fire Marshals Office.
APPLICANT: Attorney Robert Lombardo.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under RIGL 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 Kenneth Adams (owner) of 10315 Cortez Road West - Unit 58-4, Bradenton, FL dated October 14, 2017.
3.	The Application was received by the Board and File  170161 was opened on November 28, 2017.
4.	The matter was originally scheduled to be heard on January 9, 2018 and subsequently reassigned to February 20, 2018 due to the unavailability of the AHJ.
5.	A hearing on the Application was conducted on February 20, 2018 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 Thornton and seconded by Commissioner Sylvester 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  170161 and are pertinent to the decision rendered:

1.	Variance Application  170161 dated October 14, 2017 and filed on November 28, 2017.
2.	State Fire Marshals Office Inspection Report dated October 16, 2017.
3.	Email to the Board from DSFM Iannone dated December 12, 2017.
4.	Reschedule Notice dated December 28, 2017.
5.	Emails (2) to the Board from Attorney Robert Lombardo dated February 19, 2018.
6.	Email to Attorney Robert Lombardo from the Board dated February 19, 2018.

EXHIBITS

The following documents were presented at the February 20, 2018 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 October 16, 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 February 20, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the October 16, 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 1-1/2-story hotel (8 unit) occupancy consisting of approximately twelve thousand (12,000) square feet (gross area) and originally built in 1970.
3.	The building is of Type V (000) construction, does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	Hard-wired smoke alarms are provided in the building.
5.	The Board finds that the facility is currently closed for the season and is not occupied at this time.  The Board further finds that upon representation from the Applicants attorney, that all outstanding deficiencies will be corrected prior to any further occupancy of the building, at the direction and to the satisfaction of the State Fire Marshal's Office.
6.	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.	FIRE ALARM SYSTEM: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 29.3.4.4.1 by developing and submitting a plan of action for the installation of an approved fire alarm system in accordance with section 9.6 throughout the facility.  The Board further directs that the Applicant to implement this plan of action and complete the installation prior to any further occupancy of the building, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	FIRE ALARM SYSTEM: This deficiency will be corrected with item  1, above.
3.	SMOKE ALARMS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 29.3.4.5 by providing this facility with approved smoke alarms in accordance with section 9.6.2.10, at the direction and to the satisfaction of the State Fire Marshal's Office.
4.	FIRE ALARM SYSTEM: This deficiency will be corrected with item  1, above.
5.	FIRE ALARM SYSTEM: This deficiency will be corrected with item  1, above.
6.	SMOKE ALARMS: This deficiency will be corrected with item  3, above.
7.	EMERGENCY LIGHTING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 10.4.1 by providing this facility with approved emergency lighting in accordance with RILSC section 7.9, at the direction and to the satisfaction of the State Fire Marshals Office.
8.	ELECTRICAL: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 11.1.7.6 by removing or replacing all extension cords being used in lieu of permanent wiring, at the direction and to the satisfaction of the State Fire Marshals Office.
9.	ELECTRICAL: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 11.1.7.5 by removing or replacing all unapproved extension cords, at the direction and to the satisfaction of the State Fire Marshals 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).

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 RIGL 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 [FSC] 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: FSC 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 FSC or a revision of the above-cited classification.  (See: FSC 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 RIGL section 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:  FSC section 6-2-25).
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5.	In accordance with RIGL section42-35-12, 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: FSC section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].