As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 26, 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, Jackson, Sylvester and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal David Goldstein of the Pawtucket Fire Marshals Office.
APPLICANT: David Taylor and Richard Matarese.
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 Taylor (owner) of 593 Mineral Spring Avenue, Pawtucket, RI dated [undated].
3.	The Application was received by the Board and File  180064 was opened on May 16, 2018.
4.	The matter was initially scheduled to be heard on June 19, 2018 and was subsequently rescheduled until June 26, 2018 due to a defect in the notice to both parties.
5.	A hearing on the Application was conducted on June 26, 2018 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Jackson 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  180064 and are pertinent to the decision rendered:

1.	Variance Application  180064 dated [undated] and filed on May 16, 2018.
a.	Attached Plan of Action dated April 17, 2018
2.	Pawtucket Fire Marshals Office Inspection Report dated March 19, 2018.
3.	Reschedule Notice dated June 15, 2018.

EXHIBITS

The following documents were presented at the June 26, 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 numbers of the Decision below correspond with those of the March 19, 2018 inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the June 26, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the March 19, 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 building is an existing 4-story multiple/mixed use (mercantile and storage) occupancy consisting of approximately sixty-five thousand seven hundred twelve (65,712) square feet (gross area) and originally built in 1910.
3.	The building is of Type IV (2HH) construction, has a non-compliant fire alarm system and is provided with a partial automatic sprinkler system.
4.	The Board notes the objection by the Pawtucket Fire Marshals Office to the granting of the time relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	FIRE ALARM SYSTEM: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 9.6.1.3 by developing and submitting a plan of action for the installation of an approved fire alarm system throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
2.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 37.2.4.1 by providing this facility with approved means of egress, at the direction and to the satisfaction of the Pawtucket Fire Marshal's Office.
3.	PENETRATIONS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 12.7.5.11 by sealing all noncompliant penetrations in this facility, at the direction and to the satisfaction of the Pawtucket Fire Marshal's Office.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	EMERGENCY LIGHTING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.8.1.1 by providing this facility with approved emergency lighting in accordance with section 7.9, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
8.	WATER CONNECTION: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of NFPA 13 section 8.17.2.1 by providing this facility with an approved sprinkler standpipe, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office. 
9.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of NFPA 13 section 8.5.5.2.2 by providing this facility with an approved automatic sprinkler system in accordance with section 9.7, at the direction and to the satisfaction of the Pawtucket Fire Marshal's Office.
10.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.2.2.5.3.1 by providing this facility with an approved automatic sprinkler system in accordance with section 9.7, at the direction and to the satisfaction of the Pawtucket Fire Marshal's Office.
11.	PORTABLE FIRE EXTINGUISHERS: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of RIFC section 9.7.4.1 by providing this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
12.	EXTINGUISHMENT: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of RILSC section 37.3.5.1 by removing the ceiling tiles obstructing the sprinkler heads on the third floor of this facility, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
13.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.2.2.4.3 by providing this facility with approved stair handrails, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
14.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.10.8.3 by providing this facility with approved No Exit signage, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
15.	EMERGENCY LIGHTING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
16.	VERTICAL OPENINGS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 8.6.11 by sealing all noncompliant vertical openings in this facility, at the direction and to the satisfaction of the Pawtucket Fire Marshal's Office.
17.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.7.51 by providing this facility with an approved automatic sprinkler system in accordance with section 9.7, at the direction and to the satisfaction of the Pawtucket Fire Marshal's Office.
18.	This deficiency has been corrected.
19.	This deficiency has been corrected.
20.	This deficiency has been corrected.

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).

Finally, the Board hereby authorizes the Pawtucket Fire Marshals Office to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Blanket Variance  15-01A.

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)].