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: Assistant Deputy State Fire Marshal Gerald Bessette of the Barrington Fire Marshals Office.
APPLICANT: Edward Wetherill and Christopher Blessen.
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 Edward Wetherill (authorized representative) of 281 County Road, Barrington, RI dated December 13, 2017.
3.	The Application was received by the Board and File  180010 was opened on January 18, 2018.
4.	The matter was previously before the Board on March 22, 2016 at which time Decision  160026 was issued dated April 1, 2016.
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 Sylvester and seconded by Commissioners Booth and 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  180010 and are pertinent to the decision rendered:

1.	Variance Application  180010 dated December 13, 2017 and filed on January 18, 2018.
2.	Barrington Fire Marshals Office Inspection Report letter dated December 12, 2017.
3.	Decision  160026 dated April 1, 2016.

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 December 12, 2017 inspection report letter compiled by the Barrington Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Barrington Fire Marshals Office during the February 20, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the December 12, 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 with basement multiple/mixed use (assembly and business) occupancy consisting of approximately forty-seven thousand eight hundred eighty-nine (47,889) square feet (gross area) and originally built in 1888.
3.	The building has a compliant fire alarm system with emergency forces notification and is provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the facility has been calculated at four hundred forty-eight (448) persons.
5.	Following the initial March 22, 2016 hearing on this matter, the Board granted certain relief with the condition that the door at the bottom of the main stair/entry be increased from thirty-six (36) inches in width to forty-eight (48) inches in width.
6.	The Board further finds that upon the Applicant attempting to effect this change, structural limitation of the building restricted the widening of this opening to no more than forty (40) inches in width.
7.	There is no objection by the Barrington Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.2.3.6 by allowing the main stair/entry of this facility to remain in use as constructed at forty (40) inches in width.

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)].