As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, February 27, 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 Pearson, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Timothy Lutz, Sr. of the Providence Fire Marshals Office.
APPLICANT: Mohamed Bahra and Ramzi Loqa.
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 Mohamed Youssef Bahra (owner) of 321 Plainfield Street, Providence, RI dated September 30, 2017.
3.	The Application was received by the Board and File  180012 was opened on January 18, 2018.
4.	A hearing on the Application was conducted on February 27, 2018 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 Thornton and seconded by Commissioner Jackson to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 1 vote with Commissioner Sylvester voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180012 and are pertinent to the decision rendered:

1.	Variance Application  180012 dated September 30, 2017 and filed on January 18, 2018.
2.	Providence Fire Marshals Office Inspection Report dated November 28, 2017.
3.	Letter of authorization for Ramzi Loqa from Mohamed Y. Bahra dated December 2, 2017.
4.	Email from ADSFM Scott Mooney of the Providence Fire Marshal's Office dated January 9, 2018.

EXHIBITS

The following documents were presented at the February 27, 2018 hearing as exhibits:

1.	Applicants photographs (4).

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 Decision below corresponds with the November 28, 2017 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the February 27, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the November 28, 2017 plan review 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 with basement multiple/mixed (hotel, mercantile and residential) occupancy consisting of approximately sixteen thousand eight hundred ninety (16,890) square feet (gross area) and originally built in 1900.
3.	The Board finds that the configuration of the building is essentially unchanged since the 1960s with commercial use on the first floor and residential use on the second and third floors, providing nineteen (19) to twenty (20) transient sleeping rooms.  The Board further finds that under the State Fire Safety Code in effect at that time, the correct occupancy classification of the second and third floors would have been a hotel occupancy as set forth in RIGL  23-28.1-5(58) .
4.	The Board finds that on varying dates between 1968 and 2002 the owner had applied for and received building permits from the City to convert the two (2) floors of residential space into ten (10) apartments.  The Board further finds that this proposed conversion did not occur and that the building today remains in its original configuration.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	CLASSIFICATION OF OCCUPANCY: The Board hereby determines that the applicable occupancy classification for the second and third floors of this building is a multiple/mixed use occupancy consisting of an existing hotel occupancy, two (2) one-family dwelling units and incidental business use in accordance with RILSC sections 6.1.8.1.3, 6.1.8.1.1 and 6.1.14.2.2 and shall be subject to the requirements of Chapter 29.
2.	As this is an appeal of a plan review denial, the Board makes no findings as to any deficiencies or violations in the building and directs that the Applicant shall comply with all applicable code requirements in accordance with the classifications established herein.

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)].