As indicated in the file, a hearing involving the above-captioned property was conducted on March 10, 2015 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Filippi, Jackson, Richard, Sylvester and Walker.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Scott Derry of the Providence Fire Marshals Office.
APPLICANT: Attorney K. Joseph Shekarchi and Eric Wishart.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Joseph Baginski (owner) of 52 River Avenue, Providence, RI dated November 3, 2014.
3.	The Application was received by the Board and File  140136 opened on November 3, 2014.
4.	The matter originally was before the Board on December 9, 2014 at which time it was reassigned to January 27, 2015 for the Applicant to develop a plan of action with input from the AHJ.
5.	On January 23, 2015 the Applicants attorney requested a continuance until after February 4, 2015.
6.	On January 26, 2015 the Applicants attorney was notified by email that the January 27, 2015 hearing was cancelled due to the Declaration of Disaster Emergency [Executive Order  15-02] and that the continuance request was rescheduled for February 3, 2015.
7.	A hearing on the continuance request was conducted on February 3, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review at which time a motion was made by Commissioner Filippi and seconded by Commissioner Thornton to continue the matter to February 10, 2015.  The motion passed on a 6 to 0 vote.
8.	A partial hearing on the Application was conducted on February 10, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
9.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Pearson to continue the matter for further hearing on March 10, 2015.  The motion passed on a 5 to 0 vote.
10.	A subsequent hearing on the Application was conducted on March 10, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
11.	After all evidence was presented at the hearing, a motion was made by Commissioner Walker and seconded by Commissioners Booth and Sylvester to grant the Applicant 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  140136 and are pertinent to the decision rendered:

1.	Variance Application  140136 dated November 3, 2014 and filed on November 3, 2014.
2.	Providence Fire Marshals Office Inspection Report dated October 3, 2014.
3.	Reschedule Notice dated January 7, 2015.
4.	Email to the Board from ADSFM Raymond Pacheco of the Providence Fire Marshal's Office dated January 23, 2015.
5.	Request for continuance from Attorney Joseph Brennan dated January 23, 2015.
6.	Email from the Board to Attorney Brennan dated January 23, 2015.
7.	Reschedule Notice dated February 4, 2015.
8.	Applicants revised plan of action dated February 9, 2015.
9.	Reschedule Notice dated February 18, 2015.
10.	Applicants fire alarm system estimates (3).

EXHIBITS

The following documents were presented at the March 10, 2015 hearing as exhibits:

1.	Applicants revised Plan of Action dated March 10, 2015.

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 numbers of the Decision below correspond with those of the October 3, 2014 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the March 10, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the October 3, 2014 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 with basement multiple/mixed use (assembly, business and industrial) occupancy.
3.	The building is of Type II construction and is not provided with sprinkler protection and does not have a compliant fire alarm system.
4.	The Board notes the objection by the Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant a variance from the provisions of RILSC section 40.3.4.1 by approving the revised plan of action dated March 10, 2105 wherein a fire alarm system will not be required.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following provisions, at the direction and to the satisfaction of the Providence Fire Marshal's Office, within ninety (90) days of the date of the decision:
a.	The area labeled as Jewelry (upper) on the First Floor drawing will be vacated and used only for storage, with an approved fire door installed to separate this area.
b.	The area labeled as Jewelry on the Basement Floor drawing will be vacated and used only for storage, with an approved fire door installed to separate this area.
c.	The two assembly occupancies labeled as POW on the First Floor drawing will be limited to and posted for maximum occupant loads of seventy (70) and forty (40) occupants respectively, with the floor space configuration of the altar areas modified in accordance with this plan of action.
2.	This deficiency has been corrected in conjunction with item  1 above.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.

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 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: Board Rules and Regulations, section 6-2-22).
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: Board Rules and Regulations, section 6-2-23.)  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 Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-24).
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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 R.I.G.L. 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:  Board Rules and Regulations, section 6-2-25).
4.	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: Board Rules and Regulations, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].