The above-captioned case was originally scheduled for hearing on April 3, 2012 at 1:00 P.M.  At that time, it was determined that the facility should be scheduled for an on-site review on May 1, 2012 at 10:00 AM. 
A Subcommittee of the Board, consisting of Chairman Newbrook, Commissioners Dias and Pearson and Director Coffey convened onsite at the above time.  The State Fire Marshals Office was represented by Chief of Inspections Scott Caron.  The Applicant was represented by several dedicated officers and staff members of the Silver Lake Community Center whose time and effort devoted to this review was deeply appreciated by the Board.  At the conclusion of the Subcommittee meeting, a motion was made by Commissioner Pearson to submit the Subcommittee recommendations to the Board.  The motion was seconded by Commissioner Dias and passed unanimously.

The Subcommittee thereupon presented its recommendations to the Board on May 1, 2012 at 1:00 PM.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Sylvester, Jackson, Jasparro, Dias and Richard were present.  The fire service was again represented by Chief of Inspections Scott Caron of the State Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Richard to approve the Subcommittees recommendations and to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 19, 2009 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the on-site Subcommittee review of this matter.  Accordingly, the Board hereby incorporates the May 19, 2009 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.
	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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	At the time of the Subcommittee review of this facility, it was noted that the State Fire Marshals Office had posted the assembly areas of this facility with a reduced maximum occupancy of 254 persons (without tables and chairs) and 119 persons (with tables and chairs).  The Applicant advised the Subcommittee members that it has not exceeded the posted reduced occupancy and that it would certainly agree to maintain the reduced occupancy as a condition for relief from providing sprinkler coverage.  Accordingly, the Board hereby grants a variance from the provisions of section 13.3.5.1 and its referenced standards in order to allow the Applicant not to sprinkler this facility.  As a condition of this relief, the Board directs the Applicant to maintain the above reduced maximum occupancy of 254 persons (without tables and chairs) and 119 persons (with tables and chairs).
2.	The Board hereby grants a variance from the provisions of RIUFC section 13.8.10.5.2 and NFPA 72 section 5.12 in order to allow the Applicant to maintain the cited manual fire alarm pull boxes at their current height throughout this facility.  This variance is granted on the basis of structural hardship. 
3.	The Board hereby grants the Applicant a time variance of thirty (30) days from the Date of this Decision to develop and submit to the State Fire Marshal a plan to provide smoke detection in both the area of the fire alarm panel on the first floor and in the area of the control unit on the lower level.  The Board notes that the Applicant may wish to replace the heat detector, currently in the area of the control unit on the lower level, with a smoke detector.  The Board further grants the Applicant an additional one hundred and twenty (120) days to implement the above plan and provide the required smoke detection at the direction and to the satisfaction of the State Fire Marshals Office.
Further, the Board directs the Applicant to secure a narrative explanation from its fire alarm service provider as to the sequence of operations of the alarm system as installed.  The Board directs the Applicant to provide the State Fire Marshals Office with this narrative within thirty (30) days of the date of this Decision.  Finally, the Board hereby grants the State Fire Marshals Office the authority to extend any of the time deadlines herein for good faith efforts by the Applicant.
4.	The Board hereby grants the Applicant a time variance of thirty (30) days from the Date of this Decision to develop and submit to the State Fire Marshal a plan to provide the elevator machine room with approved smoke detection.  The Board further grants the Applicant an additional one hundred and twenty (120) days to implement the above plan and provide the required smoke detection at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board hereby grants the State Fire Marshals Office the authority to extend the above timelines for good faith efforts by the Applicant.
5.	During the onsite review, the Subcommittee noted that the cited stairways were actually open stairs.  Accordingly, the Board hereby grants a variance from the provisions of RIUFC sections 13.8.10.5.4.3 and 13.8.10.5.13 in order to allow the Applicant not to provide smoke detection on each floor level of the stairway but rather only at the top of each stairway.  Accordingly, the Board hereby grants the Applicant the time variance outlined in item 4 above to provide only the top of each stairwell with approved smoke detection. 
6.	The Board hereby grants the Applicant the time variance outlined in item 4 above to provide a smoke detector in the second floor computer/library room at the direction and to the satisfaction of the State Fire Marshals Office.  During the above time period, the Board further directs the Applicant to provide the library side of the egress door, leading from this room, with an approved Class A rated paint at the direction and to the satisfaction of the State Fire Marshals Office.
7.	The Board hereby grants the Applicant the time variance outlined in item 4 above to seal off any remaining penetrations in the boiler room at the direction and to the satisfaction of the State Fire Marshals Office.  During the above time period, the Board further directs the Applicant to maintain the valve to the domestically-supplied sprinkler head in the open position and to further provide this valve with approved signage to assure that it is not accidentally closed, at the direction and to the satisfaction of the State Fire Marshals Office.
8.	The Board hereby grants the Applicant the time variance outlined in item 4 above to correct Deficiency 8 by providing the cited east and west basement classrooms with windows for rescue, as described herein, at the direction and to the satisfaction of the State Fire Marshals Office.  Specifically, the Board directs the Applicant to modify a single window on the extreme western basement wall of the western classroom, and a single window on the extreme eastern basement wall of the eastern classroom, in such a manner that would allow for the immediate removal of the entire window by trained classroom staff. 
The Board further directs the Applicant to provide a limited system of emergency steps leading to a platform to be located not more than forty-four (44) inches below the sill of the above-described rescue windows.  The emergency steps shall be at least thirty-six (36) inches in width, with each step maintaining at least eleven (11) inches of tread depth, with a maximum of seven (7) inch riser spacing between the steps.  The Board notes that the emergency step system shall not be required to maintain solid risers and may remain open.  The Applicant shall further maintain externally-illuminated (plastic or metal) exit signs within close proximity of these rescue windows at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board notes that compliance with the above window-for-rescue requirements specifically relieves the Applicant of the alternative requirement of sprinkler coverage in these areas. 

STATUS OF DECISION AND APPEAL RIGHTS
	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 6-2-17).
	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 6-2-18)  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 6-2-19).  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 6-2-20).
	The above approved Subcommittee Recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5 and Rhode Island Fire Safety Code Section 6-2-9, if the Applicant is aggrieved by the approved Subcommittee recommendations, the Applicant shall have the right to petition the Board of Appeal and Review, within thirty (30) days of the mailing date of the rendered Decision.  Such a request shall be either mailed or hand-delivered to: Fire Safety Code Board of Appeal & Review, 1 Regan Court, Varley Building  46, Cranston, RI 02920 within the above thirty (30) day time period.