As indicated in the file, a hearing involving the above-captioned property was conducted on May 13, 2014 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, Vice-Chairperson Filippi and Commissioners Blackburn, Booth, Burlingame, Jackson, Pearson, Sylvester and Thornton.
Department of Administration Deputy Chief Legal Counsel Peter N. Dennehy.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Thomas Dettore and Scott Caron of the State Fire Marshals Office.
APPLICANT: Shannon Cornicelli and Fred Vicario.
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 Shannon Cornicelli (tenant) of 41 Comstock Parkway, Cranston, RI dated April 25, 2014.
3.	The Application was received by the Board and File  140047 opened on April 25, 2014.
4.	A hearing on the Application was conducted on May 13, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Blackburn and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion passed on a 9 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140047 and are pertinent to the decision rendered:

1.	Variance Application  140047 dated April 25, 2014 and filed on April 25, 2014.
2.	State Fire Marshals Office Inspection Report  14-575-IS dated April 25, 2014.
3.	Inspection Report Narrative sent by DSFM Thomas Dettore of the State Fire Marshals Office to Fred Vicario dated April 25, 2014.

EXHIBITS

The following documents were presented at the May 13, 2104 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 numbers of the Decision below correspond with those of the April 25, 2014 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 May 13, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the April 25, 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 multiple use / mixed occupancy building consisting of industrial, storage, business and daycare uses.
3.	The matter of this appeal is limited to the tenant space being utilized as a daycare facility.
4.	The daycare facility is certified by DCYF for seventeen (17) clients however at this time care is only being provided for six (6) clients.
5.	The building is of Type II (000) construction and is provided with sprinkler protection and a fire alarm system with emergency forces notification.
6.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	[14-342-VN]  The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC sections 9.6.1.8.1 by developing and submitting a plan of action for the installation of an approved smoke detector in the area of the existing fire alarm control unit.  The Board further grants the Applicant an additional one hundred twenty (120) days in order to implement the above plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	[14-343-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 11.1.10 by installing an approved cover on the open electrical junction box located in the mezzanine area, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	[14-347-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 16.3.4.1 by installing an approved supplemental fire alarm control unit, with notification appliances comparable to the existing system notification appliances, to be used for conducting fire drills within the tenant space, at the direction and to the satisfaction of the State Fire Marshals Office.
4.	[14-348-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 16.3.4.5.1 by installing approved smoke detectors in all recreational areas, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	[14-349-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 16.3.4.5 by installing approved heat detection in the above-ceiling spaces in the gymnastics area and the Nelipak area, at the direction and to the satisfaction of the State Fire Marshals Office.
6.	[14-350-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 16.3.3.2 and 10.2.8.1 by testing, removing or replacing the ceiling insulation materials, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further directs that the initial testing of this material take place within thirty (30) days from the date of this Decision and that the results be reported to the State Fire Marshals Office who is hereby authorized to approve a plan of action for this issue.
7.	[14-352-VN]  Documentation has been provided by the Applicant to the State Fire Marshals Office to show that the gymnastics area floor mats are in compliance with RILSC section 16.3.3.1.
8.	[14-353-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 63.3.1.8.4 by properly securing the helium tank located in the gymnastics are, at the direction and to the satisfaction of the State Fire Marshals Office.
9.	[14-354-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 16.2.9 by providing approved emergency lighting in the gymnastics area, at the direction and to the satisfaction of the State Fire Marshals Office.
10.	[14-355-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 10.19 by properly storing all foam located in the mezzanine area in an orderly manner, at the direction and to the satisfaction of the State Fire Marshals Office.
11.	[14-357-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 16.5.1 by installing approved special protective covers on all electrical receptacles located in areas occupied by clients, at the direction and to the satisfaction of the State Fire Marshals Office.
12.	[14-358-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 16.2.2.2.5 by installing approved locks on all bathrooms designed to allow opening of the locked door from the outside by the staff, at the direction and to the satisfaction of the State Fire Marshals Office
13.	[14-359-VN]  Deficiency has been corrected by the removal of the exit sign, at the direction and to the satisfaction of the State Fire Marshals Office
14.	[14-351-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 16.2.1 by providing approved emergency lighting and exit signage at the gymnastics area exit, at the direction and to the satisfaction of the State Fire Marshals Office

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 6-2-17).
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 6-2-18.)  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).
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 6-2-20).
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.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].