As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, May 8, 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, Pearson, Jackson, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Gerald Bessette of the Barrington Fire Marshals Office, Barrington Town Manager James Cunha and Deputy State Fire Marshal Octavio Vieira of the State Fire Marshal's Office.
APPLICANT: Attorney John McCoy and Guangchun Mi.
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 Guangchun Mi c/o Shineharmony Holdings, Inc. (authorized representative) of 650 Pleasant Street, Franklin, MA dated February 12, 2018.
3.	The Application was received by the Board and File  180033 through 180039 was opened on March 28, 2018.
4.	A hearing on the Application was conducted on May 8, 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 Pearson and seconded by Commissioner 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  180033 through 180039 and are pertinent to the decision rendered:

1.	Variance Application  180033 through 180039 dated February 12, 2018 and filed on March 28, 2018.
2.	Barrington Fire Marshals Office Inspection Reports dated September 26, 2017.
EXHIBITS

The following documents were presented at the May 8, 2018 hearing as exhibits:

1.	AHJs photographs (32) and Google earth aerial site map.
2.	Applicants email from Amina Mi to John McCoy with photographs (6) dated May 8, 2018.

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 September 26, 2017 inspection reports compiled by the Barrington Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the Barrington Fire Marshals Office during the May 8, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the September 26, 2017 inspection reports 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 existing seven (7) buildings that are subject to this decision are currently vacant and have been so since 2012.
3.	There is no objection by the Barrington Fire Marshals Office or the State Fire Marshal's Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of RIFC sections 10.1.1, 10.1.7, and 10.13.2 by allowing the seven (7) existing buildings to remain vacant without fire alarm system protection.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
a.	All existing building fire alarm systems shall be de-energized and rendered inoperable within twenty-four (24) hours of the date of this hearing, at the direction and to the satisfaction of the Barrington Fire Marshal's Office;
b.	All existing building power (public utility) shall be disconnected within seven (7) days of the date of this hearing with the exception of power to the cellular telephone control equipment located in the Gibson Building, at the direction and to the satisfaction of the Barrington Fire Marshal's Office;
c.	All excessive vegetation surrounding the seven (7) existing buildings shall be removed within thirty (30) days of the date of this hearing and continually maintained thereafter, at the direction and to the satisfaction of the Barrington Fire Marshal's Office;
d.	All ground level, first floor and second floor exterior openings (doors and windows) shall be properly boarded up or otherwise secured to prevent unauthorized entry within two (2) weeks of the date of this hearing, at the direction and to the satisfaction of the Barrington Fire Marshal's Office;
e.	The exterior pit located adjacent to the Crandall Building and the interior unprotected vertical opening(s) located in the Gibson Building shall be properly boarded up or otherwise secured within two (2) weeks of the date of this hearing, at the direction and to the satisfaction of the Barrington Fire Marshal's Office;
f.	The Applicant shall provide a continuous 24/7 security detail for the premises within twenty-four (24) hours of the date of this hearing.  Upon the successful completion of item d) above, the security detail hours of operation may be reduced or modified at the direction and to the satisfaction of the Barrington Fire Marshal's Office; and,
g.	There shall be no further or future occupancy of any of the seven (7) existing buildings or portions thereof until such time that they are brought into full compliance with this Code.

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)].