As indicated in the file, a hearing involving the above-captioned property was conducted on May 7, 2019 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 450-RICR-00-00-1.7.2.
	In attendance at the subcommittee hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Filippi, Pearson and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Kenneth Botelho and James Bellamy of the East Providence Fire Marshals Office.
APPLICANT: Dennis Roy and Attorney William Conley, Jr.

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 Dennis Roy (authorized representative) of EBCAP, 100 Bullocks Point Avenue, East Providence, RI dated April 1, 2019.
3.	The Application was received by the Board and File  190053 was opened on April 3, 2019.
4.	A hearing on the Application was conducted on May 7, 2019 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Filippi to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on May 14, 2019 at which time Chairman Newbrook and Commissioners Filippi, Pearson, Sylvester, Booth and Thornton were in attendance.  At that time a motion was made by Commissioner Sylvester and seconded by Commissioner Thornton to accept the subcommittee recommendations and grant the Applicant 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  190053 and are pertinent to the decision rendered:

1.	Variance Application  190053 dated April 1, 2019 and filed on April 3, 2019.
a.	Attached Plan of Action dated April 1, 2019
2.	East Providence Fire Marshals Office Inspection Report dated February 28, 2019.

EXHIBITS

The following documents were presented at the May 7, 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 Findings of Fact:

1.	The Decision below corresponds with the February 28, 2019 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the May 7, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the January 28, 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 2-1/2-story above grade building without a basement level, classified as a multiple/mixed use (assembly and business) occupancy, consisting of approximately forty-three thousand eight hundred seventy-nine (43,879) square feet (gross area) and originally built in 1930.
3.	The building is of Type III (200) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The Board finds that through the testimony of the Applicant, as confirmed by the AHJ, that all violations set forth in the February 28, 2019 notice have been corrected with the exception of the installation of an approved automatic sprinkler system.
5.	There is no objection by the East Providence 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.	EXTINGUISHMENT: The Board hereby grants the Applicant a time variance of two (2) years from the date of the decision to comply with the provisions of RILSC sections 6.1.14.3.2 and 39.3.5.1 by developing and submitting a plan of action for the installation of an approved automatic sprinkler system in accordance with section 9.7.1.1(1) throughout the facility.  The Board further grants the Applicant an additional two (2) years in order to implement the above plan of action, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to submit a project progress report to the AHJ no later than six (6) months after the date of the decision and every six (6) months thereafter until the completion of the project.

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 East Providence 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)].