As indicated in the file, a hearing involving the above-captioned property was conducted on January 6, 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, Vice-Chairman Blackburn and Commissioners Booth, Richard and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Thomas Dettore of the State Fire Marshals Office.
APPLICANT: Dennis DeLoach.
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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 Dennis DeLoach (tenant) of 91 Cottage Street, Pawtucket, RI dated November 25, 2014.
3.	The Application was received by the Board and File  140152 opened on December 1, 2014.
4.	The matter was previously before the Board on July 8, 2014 at which time Decision  140065 was issued dated July 17, 2014.
5.	A hearing on the Application was conducted on January 6, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Richard 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  140152 and are pertinent to the decision rendered:

1.	Variance Application  140152 dated November 25, 2014 and filed on December 1, 2014.
2.	State Fire Marshals Office Inspection Report  14-1524-IS dated November 24, 2014.
3.	State Fire Marshals Office Building Description (Site  90) dated November 24, 2014.
4.	Decision  1400065 dated July 17, 2014.
5.	Letter of authorization for Dennis DeLoach from Robert W. Castle dated December 18, 2014.

EXHIBITS

The following documents were presented at the January 6, 2014 hearing as exhibits:

1.	Applicants photographs (2) marked 5 and 7.

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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 November 24, 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 January 6, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the November 24, 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 multi-level multiple/mixed occupancy with assembly, business and day care occupancies.
3.	The building is of Type III (211) construction and is not provided with sprinkler protection and has a fire alarm system with emergency forces notification.
4.	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.	[14-1184-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 section 17.3.4.5 by developing and submitting a plan of action for the installation of a total (complete) coverage fire alarm system within the day care occupancy.  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 State Fire Marshals Office.
2.	[14-1201-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 17.1.3.1 and 6.1.14 by providing the required separation between the day care and business / assembly (worship) occupancies, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	[14-1205-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 17.3.2.1 by providing approved rated doors in the bathrooms and janitor closet within the stair enclosure and providing an approved opening protective for the electric organ room door, at the direction and to the satisfaction of the State Fire Marshals Office.
4.	[14-183-VN]  The Board grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 17.2.1 and 7.1.3.2.1 by sealing all door openings in the existing stairway outside of the gym, at the direction and to the satisfaction of the State Fire Marshal's Office.

In consideration of the relief granted herein, the Board directs the Applicant to comply with all of the above provisions, as referenced by State Fire Marshal Report  14-1524-IS, prior to occupancy.

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 authorizes the State Fire Marshals Office to extend the above timeline for good faith efforts being demonstrated by the applicant.

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).
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).
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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)].