As indicated in the file, a hearing involving the above-captioned property was conducted on June 26, 2018 before a subcommittee of the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5 and Board Rule & Regulation 6-2-5.
	In attendance at the subcommittee hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Filippi, Jackson and Sylvester.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Brian Gartland of the North Smithfield Fire Marshals Office.
APPLICANT: Gary Ezovski.

TRAVEL OF THE CASE

1.	A hearing on the Application was conducted on June 26, 2018 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review including Chairman Newbrook and Commissioners Filippi, Jackson and Sylvester.
2.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Filippi and seconded by Commissioner Sylvester to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
3.	The subcommittee recommendations were subsequently presented to the Board for acceptance on July 10, 2018 at which time Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Pearson, Jackson, Sylvester, Booth, Thornton and ODonnell were in attendance.  At that time a motion was made by Commissioner Sylvester and seconded by Commissioner Jackson to accept the subcommittee recommendations and grant the Applicant 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  180069 and are pertinent to the decision rendered:

1.	Variance Application  180069 dated May 15, 2018 and filed on May 30, 2018.
2.	North Smithfield Fire Marshals Office Inspection Report dated April 11, 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 April 11, 2018 inspection report compiled by the North Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshals Office during the June 26, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the April 11, 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 2-story with basement business (municipal offices) occupancy consisting of approximately six thousand eight hundred ten (6,810) square feet (gross area) and originally built in 1921.
3.	The building is of Type III (200) construction, does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the facility has been calculated at forty-four (44) persons although it is the testimony of the Applicant that the actual occupant load is in the range of nine (9) to fifteen (15) persons on the first and second floors, with the basement unoccupied.
5.	The Board further finds through the testimony of the Applicant that the Town is in the process of developing a new municipal office facility and that this existing facility will be vacated in twelve (12) to sixteen (16) months.
6.	There is no objection by the North Smithfield Fire Marshals Office to the granting of the 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 RIFC section 4.5.8.3 by developing and submitting a plan of action for the repair or removal of the existing fire alarm system in 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 North Smithfield Fire Marshals Office.
2.	ELECTRICAL: The Board hereby grants the Applicant thirty (30) days from the date of this decision to comply with the provisions of RIFC section 11.1.10 by providing this facility with approved electrical junction boxes and covers, at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.
3.	GENERAL STORAGE: The Board hereby grants the Applicant thirty (30) days from the date of this decision to comply with the provisions of RIFC section 10.19.5.1 by removing all unapproved combustible storage from the basement of this facility, at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.
4.	PORTABLE FIRE EXTINGUISHERS: The Board hereby grants the Applicant thirty (30) days from the date of this decision to comply with the provisions of RIFC section 13.6.9.3.1.1.1 by providing all portable fire extinguishers in this facility with documentation of inspection and testing, at the direction and to the satisfaction of the North Smithfield Fire Marshals 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).

Finally, the Board hereby authorizes the June 26, 2018 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)].