As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 18, 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 Filippi, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Kenneth Botelho and James Bellamy of the East Providence Fire Marshals Office.
APPLICANT: Mikel Perry and Peter Steven Mottola.
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 Mikel Perry (owner) of 9 Pier Road, East Providence, RI dated [undated].
3.	The Application was received by the Board and File  190069 was opened on May 20, 2019.
4.	The property was previously before the Board on July 27, 2004 at which time Decision  030112 was issued dated September 21, 2004 and again on August 21, 2012 at which time Decision  120088 was issued dated January 11, 2013.
5.	A hearing on the Application was conducted on June 18, 2019 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 Thornton and seconded by Commissioner Davison to grant the Applicant the relief requested.  The motion failed on a 2 to 2 vote with Commissioners Booth and Filippi voting in opposition and Chairman Newbrook abstaining from the vote, in accordance with RIFC section 1.10.5.7.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190069 and are pertinent to the decision rendered:

1.	Variance Application  190069 dated [undated] and filed on May 20, 2019.
2.	East Providence Fire Marshals Office Inspection Report dated May 28, 2019.
3.	Decision  030112 dated September 21, 2004.
4.	Decision  120088 dated January 11, 2013.

EXHIBITS

The following documents were presented at the June 18, 2019 hearing as exhibits:

1.	Applicants [Jensen Hughes] plan of action dated June 18, 2019.

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 numbers of the Decision below correspond with those of the May 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 June 18, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the May 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 1-story above grade building without a basement level, classified as an assembly occupancy, consisting of approximately one thousand seven hundred thirty-three (1,733) square feet (gross area) with an adjacent outdoor 1,200 sf tent.
3.	The building is of Type V (000) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the facility has been calculated at four hundred eighty-three (483) persons with one hundred twenty-seven (127) persons assigned to the main building.
5.	The Board notes the objection by the East Providence Fire Marshals Office to the granting of the relief requested.

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.	In accordance with RIFC section 1.10.5.7, as there were not five (5) votes in accord, no action was taken and the May 28, 2019 notice of violation stands.

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)].