As indicated in the file, a hearing involving the above-captioned property was conducted on December 15, 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: Acting Chairperson Thornton and Commissioners Booth, Filippi, Pearson and Walker.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal James Gumbley of the State Fire Marshals Office.
APPLICANT: Richard Kerbel, Kevin McGee and Eric Camiel.

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 Robert Thibeault (Interim Coventry Town Manager) of 1670 Flat River Road, Coventry, RI dated October 14, 2015.
3.	The Application was received by the Board and File  140122A opened on November 19, 2015.
4.	The property was previously before the Board on October 28, 2014 at which time Decision  140122 was issued dated December 4, 2014.
5.	A hearing on the Application was conducted on December 15, 2015 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 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  140122A and are pertinent to the decision rendered:

1.	Variance Application  140122A dated October 14, 2015 and filed on November 19, 2015.
2.	Central Coventry Fire Marshals Office Inspection Report dated August 5, 2014.
3.	Decision  140122 dated December 4, 2014.
4.	Applicants plan of action dated November 6, 2015.

EXHIBITS

The following documents were presented at the December 15, 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 Decision below correspond with Decision  140122 dated December 4, 2014 and the Applicants November 6, 2015 plan of action.  The above Decision was utilized by the Board, the Applicant and the State Fire Marshals Office during the December 15, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates Decision  140122 and the November 6, 2015 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.	The building is an existing 2-story mixed use (assembly and business) occupancy.
3.	The building is of Type II (000) construction and is not provided with sprinkler protection and will have a compliant fire alarm system. The entire building is greater than 100,000 ft2, however less than fifty percent (50) of the building is presently occupied.
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.	The Board hereby extends the compliance date for the completion of the new addressable fire alarm system to one hundred fifty (150) days from the date of this decision.
3.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 13.3.5.1 by allowing the existing gymnasium and auditorium areas to remain in use without automatic sprinkler protection.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions, at the direction and to the satisfaction of the State Fire Marshal's Office:
a.	Gymnasium
i.	 The maximum occupant load shall be set and posted at no more than three hundred (300) persons.
ii.	The existing collapsible bleacher seating shall be permanently removed.
iii.	This area shall be provided with automatic fire detection.
b.	Auditorium
i.	 The maximum occupant load shall be set and posted at no more than three hundred (300) persons.
ii.	The rear seating area shall be partitioned off by a permanently installed wall and not used for any purpose.  Access to this area shall be restricted to authorized personnel only and two (2) means of egress shall be provided.
iii.	This area shall be provided with automatic fire detection.

In consideration of the relief granted herein, the Board directs the Applicant to maintain any unused areas of the building free from storage with the exception of select rooms designated for storage that are provided with automatic fire detection.
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).

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)].