As indicated in the file, a preliminary hearing on a Motion for Expedited Stay of Suspension of Blasting License involving the above-captioned Appellant was conducted on May 1, 2018 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, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Chief Deputy State Fire Marshal John H. Dean, Esq. of the State Fire Marshal's Office.
APPELLANT: David Spinella, Esq., John J. DeSimone, Esq. and Jeffrey Gilman.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.



TRAVEL OF THE CASE

1.	This is a Motion for Expedited Stay of Blasting License and Notice of Appeal and Request for Expedited Hearing 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 Western Mass Blasting Corporation and Jeffrey Gilman, by Their Attorneys [by facsimile transmission] on April 26, 2018 at 2:17 PM.
3.	The Appeal was received by the Board on April 26, 2018 and an expedited review subsequently scheduled for May 1, 2015.
4.	An expedited preliminary review of the Order of Suspension was conducted on May 1, 2018 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.  After hearing the parties, a motion was made by Commissioner Sylvester and seconded by Commissioners Filippi and Pearson to STAY the Order of Suspension 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  180048 and are pertinent to the decision rendered:

1.	Order of Suspension [License to Conduct Blasting Operations  BL-10] by Chief Deputy State Fire Marshal John H. Dean, Esq. of the State Fire Marshal's [SFM] Office dated April 24, 2018.
2.	Appellants Entry of Appearance dated April 26, 2018.
3.	Appellants Motion for Expedited Stay of Blasting License dated April 26, 2018.
4.	Appellants Notice of Appeal and Request for Expedited Hearing dated April 26, 2018.

EXHIBITS

The following documents were presented at the May 1, 2018 hearing as exhibits:

1.	AHJ miscellaneous documents (25 pages).
2.	Appellants Memorandum in Support of its Motion for Stay of Blasting License dated May 1, 2018.

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 Order of Suspension dated April 24, 2018.  The above Order was utilized by the Board during the May 1, 2018 review of this matter.  Accordingly, the Board hereby incorporates the Order as its initial findings of fact.
2.	The Board hereby adopts the following timeline of events as testified to by Marshal Dean:
a.	4/5/18	Appellant applied for and was granted Class B Blasting Permit  18SFM-19.B1-PM to conduct blasting operations in the area of Excalibur Drive, Richmond, RI.
b.	4/10/18	Verbal complaint received by the SFM regarding above blasting operations followed by an investigation headed by Bomb Squad Commander Robert Mowrey.
c.	4/24/18	Notice of suspension of blasting license  BL-10 issued by SFM Chief Deputy Dean with an effective date of May 1, 2018.
d.	4/26/18	Timely appeal filed by the Appellant with the Board.
3.	The Board finds that in order for the Appellant to be afforded procedural due process that it is required that a hearing on the merits of the matter be available before the Board in accordance with 450-RICR-00-00-1.7.5(C).
4.	The Board finds that in weighing the following factors that a stay of the suspension pending the outcome on appeal is warranted:
a.	Likelihood of the Appellant prevailing on the merits;
b.	Likelihood of irreparable harm to the Appellant;
c.	Likelihood of substantial harm to other parties;
d.	Likelihood of substantial harm to the publics interests; and,
e.	Lack of an objection to the stay by the State Fire Marshal's Office.

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 Order of Suspension dated April 24, 2018 for a period of sixty (60) days and mandates continued compliance with the conditions set forth herein.
a.	In addition to any licenses, permits or approvals otherwise required, the Applicant shall provide a minimum notice of twenty-four (24) hours to the State Fire Marshal's Office prior to commencing any blasting operations in order to afford State Fire Marshal's Office personnel an opportunity to witness and observe any blasting operations conducted by the Appellant during the pendency of this appeal.
b.	The State Fire Marshal's Office agrees that upon being given proper notice as set forth above, in the event that qualified personnel are not available to respond to the blasting site location in a timely manner that the scheduled blasting operations will be allowed to proceed unobserved.

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)].