As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, August 28, 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, Thornton, Davison and ODonnell.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals James Gumbley, Kevin Morris and David DiMaio of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshal's Office.
APPLICANT: Norman Bishop, Brendan Lane and Patrick Mahoney.
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 Brian O'Donnelly (authorized representative) of FujiFilm, 80 Circuit Drive, North Kingstown, RI dated June 21, 2018.
3.	The Application was received by the Board and File  180083 was opened on June 22, 2018.
4.	A hearing on the Application was conducted on August 28, 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 Commissioners Booth and 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  180083 and are pertinent to the decision rendered:

1.	Variance Application  180083 dated June 21, 2018 and filed on June 22, 2018.
a.	Attached Plan of Action dated [undated].
b.	Letter of authorization for Brendan Lane from Norm Bishop dated June 21, 2018 
2.	State Fire Marshals Office Inspection Report dated April 3, 2018.

EXHIBITS

The following documents were presented at the August 28, 2018 hearing as exhibits:

1.	AHJ: Intermediate Bulk Container (IBC) Fact Sheet.

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 3, 2018 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the August 28, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the April 3, 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 1-story industrial (high-hazard) occupancy consisting of approximately fifty-nine thousand two hundred twelve (55,548) square feet (gross area) and originally built in 1995.
3.	The building is of Type II (000) construction, has a compliant fire alarm system and is provided with an approved automatic sprinkler system.
4.	The facilitys present operations consist of the manufacturing, warehousing and distribution of Class IC flammable liquids and Class II combustible liquids.
5.	There is no objection by the State Fire Marshals Office or the North Kingstown Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	This deficiency has been corrected.
2.	This deficiency has been corrected.
3.	The Board hereby grants the Applicant a time variance until December 31, 2022 to comply with the provisions of RIFC section 66.9.4.1 by allowing a phased-in plan of action for the replacement of the existing intermediate bulk container (IBC) operation with a NFPA 30 compliant substitute.  In consideration of the relief granted herein, the Board directs the Applicant to provide quarterly progress/status reports to the State Fire Marshal's Office until such time the program is in compliance.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	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).

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)].