As indicated in the file, a hearing involving the above-captioned property was conducted on August 5, 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 Booth, Jackson and Pearson.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Brian Jackvony of the Valley Falls Fire Marshals Office.
APPLICANT: Chief John Desmarais  CPD.
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 John Desmarais (Chief) of Cumberland Police, 1380 Diamond Hill Road, Cumberland, RI dated June 12, 2014.
3.	The Application was received by the Board and File  140077 opened on July 8, 2014.
4.	A hearing on the Application was conducted on August 5, 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 Pearson and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140077 and are pertinent to the decision rendered:

1.	Variance Application  140077 dated June 12, 2014 and filed on July 8, 2014.
2.	Valley Falls Fire Marshals Office Inspection Report  13-0181 dated October 16, 2013.
3.	Decision  010255 dated January 29, 2003.
4.	Decision  080276 dated February 13, 2009.

EXHIBITS

The following documents were presented at the August 5, 2014 hearing as exhibits:

1.	VFFD amended inspection report (citations only).

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 above-captioned case was originally before the Board on October 16, 2001 at which time Decision  010255 was issued dated January 29, 2003.
2.	The case was before the Board again on October 25, 2005 and October 7, 2008 where Decisions  050820 [February 15, 2006] and  080276 [February 13, 2009] were issued.
3.	The numbers of the Decision below correspond with those of the March 12, 2014 inspection report compiled by the Valley Falls Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Valley Falls Fire Marshals Office during the August 5, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the March 12, 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.
4.	The building is an existing 2-story mixed use (business and detention & correctional) occupancy.
5.	The building is of Type III and Type V construction and is not provided with sprinkler protection and has a non-compliant fire alarm system without emergency forces notification.
6.	The Board notes that all emergency forces notification throughout the Town report directly to this facilitys dispatch center, where the fire alarm control unit is located.
7.	There is a Town-wide referendum scheduled in November 2014 for a new 12.4 public safety complex, which if approved by the voters, will result in the demolition and replacement of this facility.
8.	There is no objection by the Valley Falls 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 time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 9.6.1.8.1 by developing and submitting a plan of action for the installation of an approved fire alarm system throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the Valley Falls Fire Marshals Office.  In the alternative, if a decision is subsequently made to demolish and replace this facility the Applicant may return to the Board with a revised plan of action to address any outstanding issues.
2.	This deficiency will be corrected upon the completion of item  1, above.
3.	This deficiency will be corrected upon the completion of item  1, above.
4.	This deficiency will be corrected upon the completion of item  1, above.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	This deficiency will be corrected upon the completion of item  1, above.
8.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 12.3.3.2 by repairing or replacing all damaged sections of the basement ceiling, at the direction and to the satisfaction of the Valley Falls Fire Marshals Office.
9.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 9.6.9.9 by providing this facility with an approved circuit breaker lock for the fire alarm system circuit breaker, at the direction and to the satisfaction of the Valley Falls Fire Marshals Office.
10.	This deficiency has been corrected.
11.	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).

Finally, the Board hereby directs that this file remain open pending the results of the November 2014 referendum in the event that the Applicant needs to return with a revised plan of action for the facility.

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)].