As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, April 9, 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, Vice-Chairman Blackburn and Commissioners Filippi, Pearson, Sylvester, Booth and ODonnell.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Wayne Clark and Chris Garofalo of the Newport Fire Marshals Office.
APPLICANT: Blake Banky and Andrew Pawlowski.
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 Blake Banky (authorized representative) of 312 J T Connell Highway, Newport, RI dated April 1, 2019.
3.	The Application was received by the Board and File  190054 was opened on April 4, 2019.
4.	A hearing on the Application was conducted on April 9, 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 Sylvester and seconded by Commissioner Booth to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 0 vote with Vice-Chairman Blackburn abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190054 and are pertinent to the decision rendered:

1.	Variance Application  190054 dated March 1, 2019 and filed on April 4, 2019.
a.	Letter of authorization for Blake Banky from William Crisp of Aston Properties dated April 1, 2019 
2.	Newport Fire Marshals Office Plan Review Report [email] dated April 4, 2019.

EXHIBITS

The following documents were presented at the mmddyy 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 4, 2019 plan review report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the mmddyy hearing on this matter.  Accordingly, the Board hereby incorporates the April 4, 2019 plan review 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 without a basement level, classified as an industrial (biodiesel fuel production) occupancy, consisting of approximately five thousand one hundred ninety (5,190) square feet (gross area) and originally built in 2007.
3.	The building is of metal construction, has a compliant fire alarm system and is provided with an approved automatic water/foam sprinkler system.
4.	The hours of operation for the facility are 24 hours/day and the total occupant load of the facility is limited to 3-8 employees at any one time.
5.	The current project entails the construction of a new separating wall within the facility, impacting the travel distance to a means of egress in excess of the permitted seventy-five (75) feet.  It is the understanding of the Board that the State Building Code (SBC-1 section 1017.2) permits a travel distance of one hundred fifty (150) feet in a sprinklered H-3 occupancy.
6.	There is no objection by the Newport Fire Marshals Office 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, (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 variance from the provisions of RILSC section 40.2.6.1 by allowing the designed egress travel distance of 802 based upon the limited occupant load and the active fire protection features of the facility.

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)].