As indicated in the file, an administrative review of an Notice to Remove Combustible Materials involving the above-captioned property was conducted on May 25, 2021 by remote Zoom webinar before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Sections 23-28.3-5 & 23.28.5-2 and Fire Safety Code Section 450-RICR-00-00-1.7.1.
	In attendance at the hearing were the following:
COMMISSIONERS: Acting Chairman Blackburn and Commissioners Sylvester, Booth, Thornton and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Paul Manning & Kaitlyn Iannone of the State Fire Marshal's Office and Assistant State Deputy State Fire Marshal Robert Ferguson of the Bristol Fire Marshals Office.
APPELLANT: Kenny Savinon and W. Barrett Holby.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is a Request for Expedited Review of Notice to Remove Combustible Materials 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.	The Appeal was requested by Kenny Savinon of 26 Bay View Avenue  Apt.2, Bristol, RI on May 20, 2021.
3.	The Appeal was received by the Board on May 20, 2021 at 8:00 AM and an expedited review subsequently scheduled for May 25, 2021.
4.	An expedited review of the Notice to Remove Combustible Materials was remotely conducted by Zoom webinar on May 25, 2021 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.  After review of all evidence presented by the parties, a motion was made by Commissioner Thornton and seconded by Commissioner Muto to MODIFY the Notice to Remove Combustible Materials as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2021056 and are pertinent to the decision rendered:

1.	Variance Application  2021056 dated May 20, 2021 and filed on May 20, 2021.
2.	Notice to Remove Combustible Materials by Deputy State Fire Paul Manning of the State Fire Marshal's Office dated May 18, 2021 [Exhibit A].
3.	State Fire Marshal's Office Incident Report  21SFM-114-OF dated May 19, 2021.
a.	Narrative of DSFM Manning.
b.	Photographs (16).
c.	Supplemental Narrative of DSFM Manning.
d.	Narrative of DSFM Octavio Vieira dated October 9, 2020 [Exhibit B].

EXHIBITS

The following documents were presented at the May 25, 2021 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 Finding of Fact:

1.	The Decision below corresponds with the State Fire Marshal's Office Notice to Remove Combustible Materials dated May 18, 2021.  The above Notice was utilized by the Board during the May 25, 2021 review on this matter.  Accordingly, the Board hereby incorporates the Notice 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 Board finds that on May 20, 2021 the Appellant filed a timely request for an expedited review of the Notice with the Board.
3.	The Board finds that at the time of the hearing, all excessive combustible materials have been removed from the interior of the building.
4.	The Board further finds that at the time of the hearing, that the excessive combustible materials which have been removed from the interior of the building have now been placed in a dumpster container located within close proximity to the exterior of the building.

CONCLUSIONS OF LAW AND DETERMINATIONS
ON ORDER OF ABATEMENT APPEAL

1.	In accordance with Fire Safety Code Section 450-RICR-00-00-1.7.1, the Board hereby MODIFIES the State Fire Marshal's Office Notice to Remove Combustible Materials dated May 18, 2021 and directs that all excessive combustibles be removed from the exterior dumpster in proximity to the structure within one (1) week of the date of this Decision, at the direction and to the satisfaction of the State Fire Marshal's Office, and further mandates continued compliance with the conditions set forth therein.
2.	The Board further directs that the status quo of the interior spaces of the facility be maintained as it relates to the storage of combustible materials, i.e., no new materials permitted inside until some existing materials are removed.

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned matter.
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: RIGL  23-28.3-6 & 23-28.5-6 and Fire Safety Code section 450-RICR-00-00-1.7.2(R).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].