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: Deputy State Fire Marshals Octavio Vieira, Matthew Primiano and Michael OBrien of the State Fire Marshals Office.
APPLICANT: Merritt Meyer and Diana Campbell.
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 Merritt Meyer (owner) of 500 Wood Street, Bristol, RI dated January 22, 2018.
3.	The Application was received by the Board and File  180014 was opened on January 30, 2018.
4.	This property has been before the Board on a number of occasions, most recently on October 6, 2015 at which time Decision  110014D was issued dated October 21, 2015.
5.	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.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Pearson and seconded by Commissioner Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 1 vote with Commissioner Booth voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180014 and are pertinent to the decision rendered:

1.	Variance Application  180014 dated January 22, 2018 and filed on January 30, 2018.
2.	State Fire Marshals Office Inspection Report dated January 10, 2018.

EXHIBITS

The following documents were presented at the February 27, 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 January 10, 2018 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 27, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the January 10, 2018 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 industrial occupancy.
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.	In granting the relief outlined below, the Board notes the objection by the State Fire Marshal's Office to any further extensions or continuances.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	18SFM-46-VN The Board hereby grants the Applicant a time variance of forty-five (45) days from the date of the decision to install linear heat detection throughout the facility as temporary mitigation and early detection until the completion of the automatic sprinkler system, at the direction and to the satisfaction of the State Fire Marshal's Office.
2.	18SFM-47-VN This deficiency has been corrected.
3.	18SFM-48-VN This deficiency has been corrected.
4.	18SFM-49-VN This deficiency has been corrected.
5.	18SFM-50-VN This deficiency has been corrected.
6.	18SFM-51-VN The Board hereby grants the Applicant a time variance of forty-five (45) days from the date of the decision to remove and relocate all gas meters within the interior of the building, at the direction and to the satisfaction of the State Fire Marshal's Office.
7.	18SFM-52-VN This deficiency has been corrected.
8.	18SFM-53-VN This deficiency has been corrected.
9.	18SFM-54-VN This deficiency has been corrected.
10.	18SFM-55-VN This deficiency has been corrected.
11.	18SFM-56-VN This deficiency has been corrected.
12.	18SFM-57-VN This deficiency has been corrected.
13.	18SFM-58-VN This deficiency has been corrected.
14.	18SFM-59-VN This deficiency has been corrected.
15.	18SFM-60-VN This deficiency has been corrected.
16.	18SFM-61-VN This deficiency has been corrected.
17.	18SFM-62-VN This deficiency has been corrected.
18.	18SFM-45-VN The Board hereby grants the Applicant a time variance of two (2) weeks from the date of the decision to verify and provide documentation to the State Fire Marshal's Office regarding the operational status of the existing sprinkler system within the building.  In consideration of the relief granted herein, the Board directs the Applicant to provide a status report regarding the CDBG Grant for sprinkler system upgrades/improvements to the State Fire Marshal's Office on or before June 30, 2018 and grants a time variance until December 31, 2018 to complete all necessary sprinkler system work.

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 directs that there are no further extensions, continuances or other relief granted and that this file may not be reopened in the future for any additional consideration..

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)].