As indicated in the file, a hearing involving the above-captioned property was conducted on June 9, 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, Jackson, Pearson, Richard and Sylvester.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Daniel Murphy of the Tiverton Fire Marshals Office.
APPLICANT: Leon Hoyer, Robert Steven Wilkinson, Douglas Kallfelz and Jeff Boudreau.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. 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 Lee Hoyer (authorized representative) of The Trustees of Tiverton Library Services, 34 Roosevelt Avenue, Tiverton, RI dated May (sic) 4, 2015.
3.	The Application was received by the Board and File  150064 opened on June 4, 2015.
4.	A hearing on the Application was conducted on June 9, 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 Commissioner Pearson 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  150064 and are pertinent to the decision rendered:

1.	Variance Application  150064 dated May 4, 2015 and filed on June 4, 2015.
2.	Tiverton Fire Marshals Office plan review letter dated September 12, 2013.
3.	Variance request letter with attachments from Robert Wilkinson, PE of Wilkinson Associates, Inc. dated June 3, 3015.

EXHIBITS

The following documents were presented at the June 9, 2015 hearing as exhibits:

1.	Letter of authorization for Leon Hoyer from Tiverton Town Manager Matthew Wojcik dated June 5, 2015.

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 June 3, 2015 variance request report compiled by Wilkinson Associates.  The above report was utilized by the Board, the Applicant and the Tiverton Fire Marshals Office during the June 9, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the June 3, 2015 variance request 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.	This is a new 1-story 23,797 sf place of assembly (library) with a maximum occupant load of seven hundred forty-eight (748) persons.
3.	The building is provided throughout with an automatic sprinkler system and a fire alarm system with emergency forces notification.
4.	During the final phases of construction it was discovered that due to an error in the preparation of sprinkler design calculations, the sprinkler system will not perform in accordance with code requirements without the installation of an approved fire pump.
5.	Upon discovery of this discrepancy, the required fire pump was ordered by the Applicant and is expected to be delivered on or about June 19, 2015.
6.	There is no objection by the Tiverton 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 variance from RILSC Section 4.6.9.3 authorizing the Tiverton Fire Marshal's Office to approve the issuance of a temporary certificate of occupancy [TCO] by the building official with the following conditions:
a.	The facility may be open to the public for a one-time ribbon cutting and dedication event scheduled to take place on Saturday, June 13, 2015.  In consideration of the relief granted herein, the Board directs the Applicant to provide a uniformed firefighter detail during this event (including 1-hour before and 1-hour after), at the direction and to the satisfaction of the Tiverton Fire Marshal's Office.
b.	The facility may be occupied by the approximately 7 to 10 library staff members during normal working hours for the limited purpose of fitting out the building prior to final occupancy.  A firefighter detail shall not be required during this limited period of 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).
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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)].