As indicated in the file, a hearing involving the above-captioned property was conducted on March 10, 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 and Commissioners Booth, Filippi, Jackson, Richard, Sylvester and Walker.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Kaitlyn Iannone, Christine Kent and Michael Macaruso of the State Fire Marshals Office.
APPLICANT: Frank Corbishly and Joan Badway.
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 Hope Settlement House of 7 Thomas P. Whitten Way, Providence, RI dated December 29, 2014.
3.	The Application was received by the Board and File  150004 opened on December 31, 2014.
4.	A hearing on the Application was conducted on March 10, 2015 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 Jackson and seconded by Commissioners Booth and Sylvester to grant the Applicant relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150004 and are pertinent to the decision rendered:

1.	Variance Application  150004 dated December 29, 2014 and filed on December 31, 2014.
2.	State Fire Marshals Office Inspection Report  14-1587-IS dated February 5, 2015.
3.	State Fire Marshals Office Building Description  409-186 dated November 20, 2014.
4.	Reschedule Notice dated January 30, 2015
5.	Reschedule Notice dated February 18, 2015.

EXHIBITS

The following documents were presented at the March 10, 2015 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 February 5, 2015 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 March 10, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the February 5, 2015 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 day care occupancy attached to a 3-story business occupancy.
3.	The building is of Type III (200) construction and is not provided with sprinkler protection and does not have a compliant fire alarm system.
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.	[14-1236-VN]  This deficiency has been corrected.
2.	[14-1234-VN]  This deficiency has been corrected.
3.	[14-1238-VN]  This deficiency has been corrected.
4.	[14-1237-VN]  The Board grants the Applicant a time variance until December 31, 2015 to comply with the provisions of RILSC section 17.3.4.5.1 by installing approved fire alarm system smoke detectors throughout the day care facility, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	[14-1235-VN]  The Board grants the Applicant the time variance outlined in item  4 above to comply with the provisions of RIFC section 50.1.1 and NFPA 96 (2011) section 10.6.2 by interfacing the kitchen fire suppression system with the fire alarm system of the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
6.	[14-1199-VN]  This deficiency has been corrected.
7.	[14-1200-VN]  The Board grants the Applicant a time variance until December 31, 2016 to comply with the provisions of RILSC sections 17.2.1 and 7.2.1.7.2 by installing approved fire exit hardware on the stairwell fire doors of the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
8.	[14-1207-VN]  The Board grants the Applicant the time variance outlined in item  4 above to comply with the provisions of RILSC section 17.3.4.5 by installing an approved total (complete) fire alarm system throughout the day care facility, at the direction and to the satisfaction of the State Fire Marshals Office.
9.	[14-1208-VN]  This deficiency has been corrected.
10.	[14-1209-VN]  The Board grants the Applicant a time variance of thirty (30) days from the date of this hearing to comply with the provisions of RILSC section 17.2.9 by installing approved emergency lighting in the two (2) gymnasiums of the facility used by the day care, at the direction and to the satisfaction of the State Fire Marshals Office.
11.	 [14-1210-VN]  The Board grants the Applicant the time variances outlined in items  4 (for the day care occupancy) and  6 (for the business occupancy) above to comply with the provisions of RILSC section 9.6.2.2.1 by installing approved manual fire alarm boxes throughout the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
12.	 [14-1212-VN]  The Board hereby grants the Applicant the time variance outlined in item  4 above to comply with the provisions of RILSC section 9.6.2.2.1 and NFPA 72 (2010) section 17.14.6 by relocating the existing manual fire alarm box located at the front play area exit, at the direction and to the satisfaction of the State Fire Marshal's Office.
13.	[14-1214-VN]  The Board hereby grants the Applicant a time variance of six (6) months from the date of this hearing to comply with the provisions of RILSC section 17.3.2 by providing this facility with approved suitable separation between the day care occupancy and the garage, at the direction and to the satisfaction of the State Fire Marshals Office.
14.	[14-1231-VN]  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this hearing to comply with the provisions of RILSC section 17.3.3 by providing documentation of the flame spread rating for the foam panels and curtains located in the gyms or removing the panels and curtains, at the direction and to the satisfaction of the State Fire Marshals Office.
15.	[14-1232-VN]  This deficiency has been corrected.
16.	[14-1233-VN]  This deficiency has been corrected.
17.	[14-570-VN]  This deficiency has been corrected.
18.	[14-577-VN]  This deficiency has been corrected.
19.	[14-579-VN]  The Board hereby grants the Applicant the time variance as set forth in item  4 to comply with the provisions of RILSC section 17.3.4.1 by installing heat detection in the two (2) large storage rooms, at the direction and to the satisfaction of the State Fire Marshals Office.
20.	[14-578-VN]  This deficiency has been corrected.
21.	[14-576-VN]  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this hearing to comply with the provisions of RIFC section 11.1 by removing or repairing all exposed electrical wiring, at the direction and to the satisfaction of the State Fire Marshals Office.
22.	 [14-573-VN]  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 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).
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)].