As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 12, 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 Filippi, Jackson, Sylvester, Booth, Davison and ODonnell.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Albert Zinno of the West Warwick Fire Marshals Office.
APPLICANT: Justin Wilbur and Michael Zavalia.
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 Justin Wilbur (owner) of 35 Tripoli Street, Providence, RI dated May 24, 2018.
3.	The Application was received by the Board and File  180072 was opened on May 31, 2018.
4.	A hearing on the Application was conducted on June 12, 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 Vice-Chairman Blackburn and seconded by Commissioner Sylvester 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  180072 and are pertinent to the decision rendered:

1.	Variance Application  180072 dated May 24, 2018 and filed on May 31, 2018.
a.	Attached Plans of Action dated May 2 and May 29, 2018.
b.	Drawings (2 pages) dated April 2018.
2.	West Warwick Fire Marshals Office Plan Review Report dated May 29, 2018.

EXHIBITS

The following documents were presented at the June 12, 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 Decision below corresponds with the May 29, 2018 plan review report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the June 12, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the May 29, 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 Applicant is currently in the process of developing a 3.88 acre parcel of land in the Town of West Warwick wherein six (6) condominium buildings are to be constructed, each consisting of two (2) to three (3) single-family dwellings.
3.	Each of the six (6) buildings will be sited with a minimum of thirty-one (31) feet between structures.
4.	Access to this new development will be off of Harris Street where a connection to the existing municipal water supply will also be made.
5.	The current municipal water supply on Harris Street is operated and maintained by the Kent County Water Authority [KCWA] and consists of a six (6) inch cast-iron pipe.
6.	The private main within the development will consist of an eight (8) inch ductile-iron service with a single fire hydrant provided.
7.	Based upon the KCWA computerized hydraulic model of its water system, the maximum available fire flow has been calculated at 617 to 666 gallons per minute [gpm], with the flow at the area of the proposed fire hydrant at 654 gpm.
8.	There is no objection by the West Warwick Fire Marshals 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 section 18.4.5.1.1 by allowing the proposed water supply for the development to be installed and provided as designed.  In granting this relief, the Board determines that the computerized hydraulic model utilized by the KCWA is very conservative in its application and that the actual available fire flow may in fact meet the required 750 gpm.

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)].