As indicated in the file, a hearing on a Revocation Order involving the above-captioned Appellant was conducted on November 19, 2019 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5 and Fire Safety Code Section 450-RICR-00-00-1.7.5(C).
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Filippi, Pearson, Booth, Thornton, Davison and Muto.
AUTHORITY HAVING JURISDICTION: Chief Deputy State Fire Marshal James Gumbley and Deputy State Fire Marshal [DSFM] James Given of the State Fire Marshal's Office.
APPELLANT: William Recalde, Investigator Ralph Gemma and Gary Pelletier, Esq.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an appeal of a Revocation Order filed pursuant to R.I.G.L. Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	An expedited review of this Order was requested by William Recalde on November 5, 2019.
3.	The Application for review was received by the Board on November 5, 2019 and an expedited review subsequently scheduled for November 19, 2019.
4.	A review of the Revocation Order was conducted on November 19, 2019 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.  After hearing the parties, the following motions were acted on by the Board:
a.	An initial motion was made by Commissioner Pearson and seconded by Commissioner Booth to UPHOLD the permanent Revocation Order.  The motion failed on a 3 to 4 vote with Commissioners Pearson, Booth and Muto voting in favor and Chairman Newbrook and Commissioners Filippi, Thornton & Davison voting in opposition.
b.	A subsequent motion was made by Commissioner Thornton and seconded by Commissioner Filippi to UPHOLD the State Fire Marshals Offices findings of fact as outlined herein.  The motion passed on a 7 to 0 vote.
c.	A final motion was made by Commissioner Thornton and seconded by Commissioner Davison to MODIFY the Revocation Order 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  190163 and are pertinent to the decision rendered:

1.	Revocation Order [Certifications of Registration / Permit to Service Portable Fire Extinguishers  19SFM-45.2-PM; Permit to Service Fixed Extinguishing Systems  19SFM-33.A3-PM; and, Journeyman License  JPE-78 and JFE-56] issued by State Fire Marshal Timothy McLaughlin dated October 31, 2019.
2.	State Fire Marshal's Office Incident Report  19SFM-236-OF dated 10/31/2019.

EXHIBITS

The following documents were presented at the November 19, 2019 hearing as exhibits:

1.	AHJ photographs (3).

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 Decision below corresponds with the State Fire Marshal's Office Revocation Order and Incident Report dated October 31, 2019.  The above Order and Incident Report were utilized by the Board during the November 19, 2019 review of this matter.  Accordingly, the Board hereby incorporates the Order and Incident Report as its initial findings of fact.
2.	The Board hereby adopts the following timeline of events as testified to by Marshal Given, with additional testimony provided by Appellant Recalde, Investigator Gemma and argument by Attorney Pelletier:
a.	9/24/19	Complaint received by the State Fire Marshal's Office from ALERT FIRE PROTECTION of 40 Starline Way, Cranston, RI [hereinafter ALERT] regarding Appellant Recalde servicing fire extinguishing equipment without a license.
b.	9/27/19	DSFM Paul Manning responded to the LUNCH BOX restaurant located at 751 Park Avenue, Cranston, RI and observed commercial cooking fire suppression equipment bearing an inspection tag by WR Lic  56 JFE William Recalde, FIRE MASTERS PROTECTION SERVICES.  During this inspection, a similar inspection tag was observed on a portable fire extinguisher located at these premises.  At the time of this investigation, DSFM Manning determined that Appellant Recalde did not hold a valid license or permit to inspect or repair portable fire extinguishers.
c.	10/30/19	A subsequent complaint was received by the State Fire Marshal's Office from ALERT regarding Appellant Recalde removing fixed fire extinguishing equipment from LOS TRES AMIGOS restaurant located at 735 Dexter Street, Central Falls, RI while the facility was in operation and open to the public.
d.	10/30/19	DSFMs Manning and Given met with Appellant Recalde at TAMA FUJI restaurant located at 1086 Willett Avenue, East Providence, RI where the instant Revocation Order was served to Appellant Recalde.
e.	11/5/19	Timely appeal filed by the Appellant with the Board.
f.	The Board finds that Appellant Recalde was formerly employed by ALERT and that their separation has been described as less than congenial, at best.
g.	The Board finds that Appellant Recalde admitted to servicing portable fire extinguishers without a valid license or permit, however in mitigation thereof, Appellant Recalde had applied for and was granted a license two (2) days following these alleged infractions.
h.	The Board finds that there is conflicting testimony by the parties relating to the events at LOS TRES AMIGOS; whether or not the restaurant was open to the public during the impairment of the fire suppression system; and what, if anything Appellant Recalde related to the facility owner regarding the impairment.

CONCLUSIONS OF LAW AND DETERMINATIONS
ON MOTION FOR STAY OF LICENSE SUSPENSION

1.	In accordance with Fire Safety Code Section 450-RICR-00-00-1.7.5(C), the Board hereby STAYS the State Fire Marshal's Office Revocation Order dated October 31, 2019 for a period of two (2) years and mandates continued compliance with the conditions set forth herein.
a.	The Appellant is hereby subject to a period of SUSPENSION for a period of thirty (30) days from the date of the initial Order (October 31, 2019) as it relates to Certifications of Registration / Permit to Service Portable Fire Extinguishers  19SFM-45.2-PM; Permit to Service Fixed Extinguishing Systems  19SFM-33.A3-PM; and, Journeyman License  JPE-78 and JFE-56.
b.	The Appellant is hereby subject to a period of PROBATION for a period of two (2) years commencing December 1, 2019 as it relates to Certifications of Registration / Permit to Service Portable Fire Extinguishers  19SFM-45.2-PM; Permit to Service Fixed Extinguishing Systems  19SFM-33.A3-PM; and, Journeyman License  JPE-78 and JFE-56.
i.	If during this probationary period that future violations of the Rhode Island State Fire Safety Code by the Appellant occur relating to portable or fixed fire extinguishing fire equipment, the STAY of this Order is REMOVED and the State Fire Marshal's Office is authorized to again revoke any or all certifications, licenses and/or permits.
ii.	If this probationary period is completed without future violations of the Rhode Island State Fire Safety Code by the Appellant relating to portable or fixed fire extinguishing fire equipment, the Order is permanently VACATED and the State Fire Marshal's Office shall take no further action.

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned matter.
2.	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: Fire Safety Code, sections 450-RICR-00-00-1.7.2(R) and 450-RICR-00-00-1.7.5(C)).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].