As indicated in the file, a hearing involving the above-captioned properties was conducted on June 2, 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, Filippi, Jackson, Richard and Sylvester.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Kenneth Botelho of the East Providence Fire Marshals Office.
APPLICANT: Anthony Feola and William Reynolds.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
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 initial Application for files 150021 through 150025 was filed by East Providence School Department of 145 Taunton Avenue, East Providence, RI dated [undated].
3.	The Application was received by the Board and Files  150021 through 150025 opened on February 19, 2015.
4.	A hearing on the Application for files  150021 through 150025 was conducted on March 3, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review at which time Decisions  150021, 150022, 150023, 150024 and 150025 were issued dated March 12, 2015.
5.	A subsequent Application was received by the Board and File  150021A through 150025A, 150048 and 150049 opened on May 27, 2015.
6.	A hearing on the Application for files  150021A through 150025A, 150048 and 150049 was conducted on June 2, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioners Jackson and Richard 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  150021A through 150025A, 150048 and 150049 and are pertinent to the decision rendered:

1.	Variance Applications  150021A through 150025A dated May 21, 2015; 150048 and 150049 dated May 8, 2015; and filed on May 27, 2015.
2.	East Providence Fire Marshals Office Inspection Reports:
a.	150021A	March 24, 2015
b.	150022A	March 24, 2015
c.	150023A	March 27, 2015
d.	150024A	March 19, 2015
e.	150025A	March 25, 2015
f.	150048	March 24, 2015
g.	150049	March 23, 2015




EXHIBITS

The following documents were presented at the June 2, 2015 hearing as exhibits:

1.	Applicants photographs (2) for Myron Francis School [150024A].

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 Decision below corresponds with the above inspection reports compiled by the East Providence Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the June 2, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates these inspection reports and plan of action 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.	There is no objection by the East Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	150021A / Hennessey School:  The Board grants the Applicant a time variance in accordance with the 5/21/2015 plan of action to fully comply with the provisions of RILSC for items  1, 2, 3 and 4 on or before September 1, 2016, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
2.	150022A / Riverside Middle School:  The Board grants the Applicant a time variance in accordance with the 5/21/2015 plan of action to fully comply with the provisions of RILSC for items  1, 2, 5 and 7 on or before September 1, 2018, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
3.	150023A / Kent Heights School:  The Board grants the Applicant a time variance in accordance with the 5/21/2015 plan of action to fully comply with the provisions of RILSC for items  1 and 6 on or before September 1, 2016; items  4 and 5 on or before September 1, 2018, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  The Board further grants the Applicant a variance from compliance with the provisions of the RILSC for items  2 and 7.
4.	150024A / Myron J. Francis Elementary School:  The Board grants the Applicant a time variance in accordance with the 5/21/2015 plan of action to fully comply with the provisions of RILSC for items  1, 5 and 10 on or before September 1, 2016, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  The Board further grants the Applicant a variance from compliance with the provisions of the RILSC for items  2, 3, 4 and 8.
5.	150025A / East Providence Senior High School:  The Board grants the Applicant a time variance in accordance with the 5/21/2015 plan of action to fully comply with the provisions of RILSC for items  1, 2, and 3 on or before September 1, 2019, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  The Board further grants the Applicant a variance from compliance with the provisions of the RILSC for items  4 and 5.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
a.	That there shall be no occupancy of the pool / locker room areas other than required access by maintenance personnel.
b.	That the occupant load of the area designated as the small gym shall not exceed forty (40) persons.
6.	150048 / Martin Middle School:  The Board grants the Applicant a time variance in accordance with the 5/8/2015 plan of action to fully comply with the provisions of RILSC for item  1 on or before September 1, 2017; item  2 on or before September 1, 2016, and item  3 on or before September 1, 2015, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
7.	150049 / East Providence Area Career and Technical Center:  The Board grants the Applicant a time variance in accordance with the 5/8/2015 plan of action to fully comply with the provisions of RILSC for item  11, 13, 14 and 15 on or before September 1, 2016, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to consult with the East Providence Fire Marshals Office should the occupancy type or use of the greenhouse(s) change in the future as to any additional compliance requirements.

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).

&8195;
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)].