As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, August 6, 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, Booth, Davison and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Robert Couture of the State Fire Marshals Office.
APPLICANT: George Valtz.
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 Georges E. Valtz (owner) of Horizon Hangar, LLC, 530 Airport Road, Warwick, RI dated June 27, 2019.
3.	The Application was received by the Board and File  190102 was opened on July 1, 2019.
4.	A hearing on the Application was conducted on August 6, 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 Commissioners Booth and Muto 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  190102 and are pertinent to the decision rendered:

1.	Variance Application  190102 dated June 27, 2019 and filed on July 1, 2019.
a.	Attached Plan of Action dated [undated].
b.	Drawings (1 page) dated [undated].
2.	State Fire Marshals Office Plan Review Report dated [undated].
3.	Applicants request [email] for continuance dated July 5, 2019.
4.	Reschedule Notice dated July 11, 2019.

EXHIBITS

The following documents were presented at the August 6, 2019 hearing as exhibits:

1.	Applicants revised plan of action with site map.

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 [undated] plan review report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the August 6, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the [undated] 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 a proposed 1-story above grade building without a basement level, classified as a storage (aircraft hangar) occupancy, consisting of approximately seven thousand two hundred (7,200) square feet (gross area).
a.	The Board further finds through the testimony of the Applicant that the use of the proposed building will be solely for storage of aircraft and that there will be no painting, fueling, de-fueling or maintenance of aircraft within the building.
b.	The Board further finds through the testimony of the AHJ that the actual distance from the closest fire hydrant and the proposed building is approximately five hundred nine (509) feet and is located outside of the airport perimeter security fence.
3.	The building is of Type II (000) construction, will have a compliant fire alarm system with emergency forces notification and will not be provided with an approved automatic sprinkler system.
a.	The Board further finds through the testimony of the Applicant that the emergency forces fire alarm system is not a required system and is being installed at the request of the owner.  In consideration of the relief granted herein, the Board directs that this system is not deemed a required system.
b.	The Board further finds through the testimony of the AHJ and the Applicant that in the event of an aircraft fire within the building it is expected that the on-site RIAC fire department will respond, located in close proximity within the airport perimeter security fence.
4.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.  The Board further finds through the testimony of the AHJ that after consultation with the Warwick Fire Marshals Office, there is no objection to the requested relief on their behalf.

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.	WATER SUPPLY: The Board hereby grants the Applicant a variance from the provisions of RIFC section 18.5.3(2) by allowing the existing fire hydrant location to remain in use without modification based upon a structural hardship.
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)].