As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, April 10, 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, Vice-Chairman Blackburn and Commissioners Pearson, Jackson and Booth.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Christopher Mahoney and Christopher Garofalo of the Newport Fire Marshals Office.
APPLICANT: Norey Cullen and Raymond Gomes.
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 original Application was filed by Tyler Cullen of 156 Broadway, Newport, RI dated December 20, 2017.
3.	The Application was received by the Board and File  180009 was opened on January 12, 2018.
4.	The matter was initially scheduled before the Board on February 13, 2018 at which time the Applicant, having been given proper notice, failed to appear for the hearing and the matter was rescheduled until March 20, 2018.
5.	A hearing on the Application was again scheduled on March 20, 2018 at 1:00 PM before the Fire Safety Code Board of Appeal and Review at which time the Applicant, having been given proper notice, failed to appear for the hearing.
6.	After all evidence was presented at the hearing, a motion was made by Vice-Chairman Blackburn and seconded by Commissioners Pearson and Sylvester to dismiss the variance application and close the file.  The motion passed on an 8 to 0 vote.
7.	On March 27, 2018 DSFM Paul Manning advised the Board that notwithstanding the fact that Tyler Cullen submitted the Appeal Variance Application representing himself as the owner of the property, the true owner is in fact NDC Enterprises, LLC with Norey Cullen (Tyler Cullens mother) the owner.
8.	Accordingly, the file was reopened for the purpose of taking previously unavailable testimony and/or evidence in accordance with Fire Safety Code section 450-RICR-00-00-1.7.2(O).
9.	On April 4, 2018 an amended appeal application was filed dated March 30, 2018 and executed by the property owner, Norey Cullen.
10.	A subsequent hearing on the Application was held on April 10, 2018 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
11.	After all evidence was presented at the hearing, a motion was made by Commissioner Jackson and seconded by Commissioner Booth to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180009 and are pertinent to the decision rendered:

1.	Variance Application  180009 dated December 20, 2017 and filed on January 12, 2018.
2.	Newport Fire Marshals Office Inspection Report dated December 6, 2017.
3.	Reschedule Notice dated February 14, 2018.
4.	Email to the Board from DSFM Paul Manning dated March 29, 2018.
5.	Email to DSFM Manning from the Board dated March 29, 2018.
6.	Email to the Board from Ray Gomes dated April 4, 2018.
7.	Amended Newport Fire Marshals Office Inspection Report dated March 30, 2018.
8.	Amended Variance Application  180009 dated March 30, 2018 and filed on April 5, 2018.

EXHIBITS

The following documents were presented at the April 10, 2018 hearing as exhibits:

1.	Applicants plan of action with drawing and photographs (5) dated [undated].

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 March 30, 2018 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board and the Newport Fire Marshals Office during the April 10, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the March 30, 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.	There is no objection by the Newport 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 requirements of RIFC section 14.10.2.1 allowing the existing second means of egress from the building to discharge through the kitchen area.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions within thirty (30) days of the date of the decision, at the direction and to the satisfaction of the Newport Fire Marshal's Office:
a.	Install an additional exit sign from the dining area at the interface with the kitchen area;
b.	Install approved floor markings in the kitchen area delineating the means of egress path to the exit; and,
c.	Set and post the maximum occupant load for the building at eighty-three (83) person.
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 450-RICR-00-00-1.7.2(V)].
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 450-RICR-00-00-1.7.2(W)].  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 450-RICR-00-00-1.7.2(X)].
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 450-RICR-00-00-1.7.2(Y)].
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 section 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: FSC section 450-RICR-00-00-1.7.2(R)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].