As indicated in the file, a hearing involving the above-captioned property was conducted on May 10, 2016 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 Filippi, Walker, Jackson, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Stephen Hughes of the East Greenwich Fire Marshals Office and Deputy State Fire Marshal Thomas Dettore of the State Fire Marshal's Office.
APPLICANT: Attorney Norman Landroche, Jr. and Raymond Mignanelli.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. 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 Richard Mignanelli (owner) of RJRS, Inc., 3347 South County Trail, East Greenwich, RI dated February 29, 2016.
3.	The Application was received by the Board and File  160041 opened on March 4, 2016.
4.	The matter was initially before the Board on March 15, 2016 at which time it was reassigned to April 5, 2016 for the Applicant to develop and return with a plan of action.
5.	A subsequent hearing on the Application was conducted on April 5, 2016 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Thornton and seconded by Vice-Chairman Blackburn to grant the Applicant the relief as outlined herein.  The motion passed on a 3 to 0 vote.
7.	The subcommittee recommendations were subsequently presented to the Board for acceptance on April 12, 2016 at which time Chairman Newbrook and Commissioners Jackson, Pearson, Sylvester and Booth were in attendance.  Deputy State Fire Marshal Thomas Dettore requested to address the Board prior to the vote on the subcommittee recommendations and indicated that both the State and East Greenwich Fire Marshals Offices objected to the granting of the proposed relief.  At that time a motion was made by Commissioner Sylvester and seconded by Commissioner Pearson to reject the subcommittee recommendations and deny the Applicant relief as outlined herein.  The motion failed on a 4 to 0 vote with Commissioner Jackson abstaining from the vote.
8.	The matter was subsequently reassigned to May 10, 2016 for a de novo hearing on the merits.
9.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Jackson to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160041A and are pertinent to the decision rendered:

1.	Variance Application  160041 dated February 29, 2016 and filed on March 4, 2016.
2.	East Greenwich Fire Marshals Office Inspection Report dated February 3, 2016.
3.	East Greenwich Fire Marshals Office photographs (14), site floor plan and facility web page [undated] submitted March 14, 2016.
4.	Applicants site floor plan  A-1 [undated] submitted March 14, 2016.
5.	Applicants aerial photograph & copy of State Fire Marshal's Office occupant load placard.
6.	Reschedule Notice dated March 17, 2016.
7.	Letter to the Board from Norman Landroche, Esq. dated April 5, 2016.
8.	Reschedule Notice dated April 14, 2016.
9.	Decision  160041 dated April 20, 2016.


EXHIBITS

The following documents were presented at the May 10, 2016 hearing as exhibits:

1.	Letter from East Greenwich Deputy Chief of Police S. F. Cirella dated March 30, 2016.

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 February 3, 2016 inspection report compiled by the East Greenwich Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshals Office during the April 5, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the February 3, 2016 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 assembly occupancy with a new six hundred (600) square foot assembly space being added to the rear of the building.
3.	The building is of Type V (000) construction and is not provided with approved sprinkler protection and has a compliant fire alarm system with emergency forces notification.
4.	The Board finds that the total occupant load for the entire building, including the new addition has been calculated in accordance with RILSC Table 7.3.1.2 at four hundred thirty-four (434) persons.
5.	The Board notes the objection by the East Greenwich and State Fire Marshals Offices 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 13.3.5.1 by allowing the omission of automatic sprinklers in the existing facility and new addition.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
a.	The maximum occupant load for the entire facility shall be limited to and posted at no more than two hundred ninety-nine (299) persons, inclusive of staff and other employees;
b.	The existing total (complete) coverage fire alarm system with emergency forces notification shall be maintained and deemed a required system;
c.	Any further additions to the building that increase the occupant load shall void this relief and cause the entire building to be subject to full compliance with the Code;
d.	The Board specifically modifies the provisions of Fire Safety Code Section 6-2-24 and directs that this relief is deemed vested in the facility only for the duration of ownership of the property by the current owner and should there be a change of ownership in the future, that this relief is deemed to be voided; and,
e.	The Applicant shall notify the East Greenwich Fire Marshals Office of any scheduled event in the function room of this facility when the occupant load is calculated utilizing a factor of less than fifteen (15) square feet per person.
2.	This deficiency has been corrected.
3.	This deficiency is no longer applicable with the new designated occupant load capacity.
4.	This deficiency has been corrected.
5.	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: Fire Safety Code, 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: Fire Safety Code, 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: Fire Safety Code, section 6-2-24).
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:  Fire Safety Code, 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: Fire Safety Code, 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)].