As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, March 12, 2019 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, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Stephen Small of the Pawtucket Fire Marshals Office.
APPLICANT: Raymond Lavoie and Edward Rowse.
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 Raymond Lavoie (authorized representative) of BVCHC, Inc., 39 East Avenue, Pawtucket, RI dated February 6, 2019.
3.	The Application was received by the Board and File  190023 was opened on February 27, 2019.
4.	A hearing on the Application was conducted on March 12, 2019 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 Pearson and seconded by Commissioner Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190023 and are pertinent to the decision rendered:

1.	Variance Application  190023 dated February 6, 2019 and filed on February 27, 2019.
a.	Letter of authorization for Raymond Lavoie from Blackstone Valley Community Health Care dated February 22, 2019 
2.	Pawtucket Fire Marshals Office Inspection Report dated January 15, 2019.

EXHIBITS

The following documents were presented at the March 12, 2019 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 January 15, 2019 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 March 12, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the January 15, 2019 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 3-story above grade building without a basement level, classified as a vacant occupancy, consisting of approximately twenty-seven thousand four hundred forty-four (27,444) square feet (gross area) and originally built in 1902.
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 Board finds the following conditions exist with this building:
a.	The building is presently vacant, without utilities (electric and water), and has been in this condition for approximately five (5) years;
b.	The building has been secured from unauthorized entry with the two (2) ground level doors secured and the lower level windows boarded;
c.	There is no evidence in the interior of the building of any occupancy by unauthorized persons; and, 
d.	The building is not located in a residential area and there are no immediate exposures.

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, (2015 edition) as incorporated by reference and amended by 450-RICR-00-00-7; and, references to the Rhode Island Life Safety Code [RILSC] shall mean NFPA 101, (2015 edition) as incorporated by reference and amended by 450-RICR-00-00-8.

1.	The Board hereby grants the Applicant a time variance from the provisions of RIFC section 10.13.2 to develop and submit a plan of action to the Pawtucket Fire Marshal's Office for the installation of limited fire alarm detection or automatic sprinkler protection to be installed at the direction and to the satisfaction of the Pawtucket Fire Marshal's 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).

The Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for the completion of this project.

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 450-RICR-00-00-1.7.2(X).

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)].