As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, October 23, 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, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Brian Gartland of the North Smithfield Fire Marshals Office and Deputy State Fire Marshal Paul Manning of the State Fire Marshal's Office.
APPLICANT: Patrick Regan and James Regan.
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 Patrick Regan (owner) of 70 Argonne Street, Johnston, RI dated October 1, 2018.
3.	The Application was received by the Board and File  180117 was opened on October 5, 2018.
4.	The property was previously before the Board on July 18, 2006 at which time Decision  040456 was issued dated October 30, 2006.
5.	A hearing on the Application was conducted on October 23, 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 Pearson and seconded by Commissioners Filippi and Thornton to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180117 and are pertinent to the decision rendered:

1.	Variance Application  180117 dated October 1, 2018 and filed on October 5, 2018.
2.	North Smithfield Fire Marshals Office Inspection Report dated September 12, 2018.
3.	Decision  040456 dated October 30, 2006.

EXHIBITS

The following documents were presented at the October 23, 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 September 12, 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 October 23, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the September 12, 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 above grade building with a basement level, classified as a multiple/mixed use (mercantile & industrial) occupancy, consisting of approximately twenty-three thousand one hundred sixty (23,160) square feet (gross area) and originally built in 1960.
3.	The building is of masonry construction, has an approved (with deficiencies) fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The Board acknowledges that the Citations issued by the State Fire Marshal's Office on items  1, 10 and 11 have been resolved in the Sixth Division District Court in accordance with RIGL section 23-28.2-14 prior to this hearing.
5.	There is no objection by the North Smithfield or State Fire Marshals Offices to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

References to NFPA shall mean the National Fire Protection Association; references to the Rhode Island Fire Code [RIFC] shall mean NFPA 1, (2012 edition) as reserved and amended by 450-RICR-00-00-7; and, references to the Rhode Island Life Safety Code [RILSC] shall mean NFPA 101, (2012 edition) as reserved and amended by 450-RICR-00-00-8.

1.	This deficiency has been corrected.
2.	EGRESS / EXTINGUISHMENT: 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 37.3.5.1 by developing and submitting a plan of action for the installation of an approved automatic sprinkler system in accordance with section 9.7 throughout the basement of the facility.  In the alternative, the Board authorizes the Applicant to provide an approved means of egress from the basement level of 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.
3.	FIRE ALARM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.2.11 by providing this facility with approved fire alarm detection in the basement storage rooms in accordance with section 9.6, at the direction and to the satisfaction of the North Smithfield Fire Marshal's Office.
4.	EMERGENCY LIGHTING: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 37.2.9 by providing this facility with approved emergency lighting in accordance with section 7.9, at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.
5.	This deficiency has been corrected.
6.	PLANS AND SPECIFICATIONS: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 1.7.11 by providing approved permits for all work already completed, at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.  The Board further directs the Applicant to obtain plan review approval and obtain proper permits for all future work, at the direction and to the satisfaction of the North Smithfield Fire Marshal's Office.
7.	ELECTRICAL SAFETY: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC sections 11.1.4 and 11.1.10 by correcting all electrical deficiencies in the basement level of the facility, at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.
8.	This deficiency has been corrected.
9.	ELECTRICAL SAFETY: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC sections 11.1.7.5 and 11.1.7.6 by removing all unapproved extension cords in the facility, at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	This deficiency has been corrected.
13.	ELECTRICAL SAFETY: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 11.1.2 by providing proper installation of all heat lights/lamps throughout the facility, at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.
14.	This deficiency has been corrected.
15.	This deficiency has been corrected.
16.	This deficiency has been corrected.
17.	COMBUSTIBLE MATERIALS: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIGL section 23-25.5-2 by removing all unapproved combustible materials throughout the facility, 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).

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)].