As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, May 22, 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 ODonnell.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Bertrand Ledoux of the State Fire Marshals Office.
APPLICANT: Christian Ladds, Suzanne DiSalvo and Jessica Galatro.
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 LLB Architects (authorized representative) of 161 Exchange Street -- 4th Floor, Pawtucket, RI dated [undated].
3.	The Application was received by the Board and File  180063 was opened on May 14, 2018.
4.	A hearing on the Application was conducted on May 22, 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 Sylvester and seconded by Commissioner Booth to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180063 and are pertinent to the decision rendered:

1.	Variance Application  180063 dated [undated] and filed on May 14, 2018.
a.	Applicants plan of action with attachments dated May 11, 2018.
b.	Applicants revised plan of action with attachments dated May 17, 2018.
2.	State Fire Marshals Office Inspection Report dated May 2, 2018.
3.	Letter of authorization for LLB Architects from Kevin Fitta dated [undated].

EXHIBITS

The following documents were presented at the May 22, 2018 hearing as exhibits:

1.	AHJs building description [undated].
2.	Applicants photographs and drawings (2 pages).

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 May 2, 2018 plan review report compiled by the State Fire Marshals Office and the Applicants May 17, 2018 plan of action.  The above reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the May 22, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the May 2, 2018 plan review report and the May 17, 2018 plan of action 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 multiple/mixed use occupancy consisting of approximately sixty-three thousand five hundred twenty-nine (63,529) square feet (gross area).
3.	The building is of Type II (000) construction, has a compliant fire alarm system with emergency forces notification and will be provided with an approved automatic sprinkler system.
4.	The Board finds that during the course of a current and ongoing renovation project to install a new elevator in the East Wing, that unforeseen structural limitations were discovered that prevent the proposed separation between the elevator opening on the upper level and the proximate exit stair enclosure.
5.	There is no objection by the State 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 RIFC section 11.3.5 and RILSC section 9.4.7 by allowing the newly constructed elevator to open into the exit enclosure on the upper level.  In consideration of the relief granted herein, the Board directs the Applicant to provide and install an automatic smoke curtain assembly at the upper level interfaced with the building fire alarm system, at the direction and to the satisfaction of the State Fire Marshal's Office.

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)].