As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 5, 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, Sylvester, Booth, Thornton, Davison and ODonnell.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals James Gumbley, Octavio Vieira and Matthew Primiano of the State Fire Marshals Office and Chief William Sisson of the Pawtucket Fire Department.
APPLICANT: Wade Palazini, David Duncan and Brian Willis.
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 David Duncan (authorized representative) of Memorial Hospital of RI, 111 Brewster Street, Pawtucket, RI dated February 9, 2018.
3.	The Application was received by the Board and File  180049 was opened on May 3, 2018.
4.	A hearing on the Application was conducted on June 5, 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 Pearson to grant the Applicant the relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180049 and are pertinent to the decision rendered:

1.	Variance Application  180049 dated February 9, 2018 and filed on May 3, 2018.
a.	Attached Plan of Action dated February 9, 2018
b.	Letter of authorization for David Duncan from Joseph Oriti dated April 6, 2018 
2.	State Fire Marshals Office Inspection Reports [Wood, Hodgson, Sayles and Richardson] dated December 28, 2017.

EXHIBITS

The following documents were presented at the June 5, 2018 hearing as exhibits:

1.	Letter to the Board from Chief Sisson dated June 4, 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 numbers of the Decision below correspond with those of the December 28, 2017 inspection reports compiled by the State Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the June 5, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the December 28, 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 building is an existing 6-story, multi-wing, health care occupancy [partial high-rise] that is currently vacant and is not planned for any occupancy or use in the foreseeable future by the Applicant.
3.	The building is of non-combustible construction with all furnishings and fixtures removed, is provided with an operational fire alarm system with emergency forces notification and is provided with a partial [approximately 50 coverage] automatic sprinkler system.
4.	There is no objection by the State Fire Marshals Office or the Pawtucket Fire Department to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a time variance of one (1) year from the date of the decision from complying with the provisions of the RILSC and the RIFC as follows:
a.	Wood: Violations  1  4;
b.	Hodgson: Violations  1  5;
c.	Sayles: Violations  1  5; and,
d.	Richardson: Violations  1  2.
2.	In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
a.	The existing fire alarm system shall be maintained as fully operational including all required inspections, testing and maintenance;
b.	The existing automatic sprinkler system shall be maintained as fully operational including all required inspections, testing and maintenance;
c.	The existing private security detail for the facility shall be maintained on a 24/7 basis;
d.	The Applicant shall coordinate with the State Fire Marshal's Office any plan of action for continued use of the building and shall make the facility available and accessible for a re-inspection prior to the expiration of the 1-year time variance; and,
e.	The building shall be brought into full compliance with all applicable codes as required for any intended future occupancy of the building prior to any reuse and subject to an approved plan review, permitting and certificate of occupancy process.
3.	The Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for the decommissioning and permanent closure of this facility.

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)].