As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, February 25, 2020 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, Thornton and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Robbie Lopez and James Gumbley of the State Fire Marshals Office.
APPLICANT: Failed to Appear.
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 Joseph Grillo (owner) of 80 West Side Road, Block Island, RI dated September 18, 2019.
3.	The Application was received by the Board and File  190155 was opened on October 9, 2019.
4.	The matter was initially scheduled to be heard on December 10, 2019 and was subsequently rescheduled until January 7, 2020 due to the Applicants anticipated travel restrictions to and from the island related to a winter weather advisory.
5.	The matter was subsequently scheduled to be heard on January 7, 2020 and was again rescheduled until February 25, 2020 due to a family emergency of the Applicants authorized representative.  In granting this continuance, the Board holds that there be no occupancy of this building until such time that all deficiencies are addressed by the Board.
6.	On February 24, 2020 the Applicants authorized representative notified the Board that he was unable to attend the February 25, 2020 scheduled hearing.
7.	A hearing on the Application was conducted on February 25, 2020 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
8.	After all evidence was presented at the hearing, a motion was made by Commissioner Booth and seconded by Commissioner Pearson to deny the Applicant relief as outlined herein and close the file.  The motion passed on an 8 to 0 vote.  In closing the file, the Board reaffirms its prior holding that there be no occupancy of this building until such time that all deficiencies are corrected or addressed by the Board at some future time.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190155 and are pertinent to the decision rendered:

1.	Variance Application  190155 dated September 18, 2019 and filed on October 9, 2019.
a.	Letter of authorization for Shea Butcher from Joseph Grillo dated [undated].
2.	State Fire Marshals Office Inspection Report dated July 29, 2019.
3.	Applicants request for a continuance dated [undated  received on December 10, 2019].
4.	Reschedule Notice dated December 11, 2019.
5.	Applicants request for a continuance dated January 6, 2020.
6.	Reschedule Notice dated January 9, 2020.
7.	Applicants request for a continuance dated February 24, 2020.

EXHIBITS

The following documents were presented at the February 25, 2020 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 July 29, 2019 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board and the State Fire Marshals Office during the February 25, 2020 hearing on this matter.  Accordingly, the Board hereby incorporates the July 29, 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 a multiple/mixed use (assemble/theater and dormitory) occupancy, consisting of approximately five thousand six hundred (5,600) square feet (gross area) and originally built in 1980.
3.	The building is of Type III (200) construction, has a approved (with deficiencies) fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the theater has been calculated at one hundred seventy-five (175) persons and the facility provides sixteen (16) sleeping rooms.
5.	There is no objection by the State Fire Marshals Office to the denial of relief outlined herein.

&8195;
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.	FILE CLOSED.  In closing the file, the Board reaffirms its prior holding that there be no occupancy of this building until such time that all deficiencies are corrected or addressed by the Board at some future time.  In making this finding, the Board relies on the timetable set forth below:
a.	6/14/19	Initial inspection of the property
b.	7/29/19	Initial notice of violation.
c.	10/9/19	Initial Variance application date.
d.	10/10/19	Hearing notice to Applicant of 12/10/19 hearing date.
e.	12/10/19	Applicants request for continuance of 12/10/19 hearing received.
f.	12/11/19	Reschedule Notice sent for 1/7/20 hearing date.
g.	1/6/20	Applicants request for continuance of 1/7/20 hearing received.
h.	1/9/20	Reschedule Notice sent for 2/25/20 hearing date.
i.	2/24/20	Applicants request for continuance of 2/25/20 hearing received.

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)].