As indicated in the file, a hearing involving the above-captioned property was conducted on January 26, 2016 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, Pearson, Thornton and Walker.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Kenneth Botelho of the East Providence Fire Marshals Office.
APPLICANT: Vince Watchorn, Ramzi Loqa and Brian Poor.
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 Providence Country Day School (owner) of 600 Waterman Avenue, East Providence, RI dated July 30, 2015.
3.	The Application was received by the Board and File  150084 opened on August 5, 2015.
4.	The matter was initially before the Board on September 15, 2015 at which time the hearing was deferred and reassigned until October 20, 2015 to have the Applicant prepare a comprehensive plan of action.
5.	The matter was subsequently before the Board again on October 20, 2015 at which time the Applicant advised that a design professional team had been assembled and requested a two-month time variance to further develop a comprehensive plan of action.
6.	The matter was again before the Board on January 5, 2016 at which time the Applicants design professional team presented a plan of action, however the AHJ was not in agreement with the plan presented.  Accordingly, the matter was reassigned until January 26, 2016 for the parties to return with an agreed upon plan.
7.	A hearing on the Application was conducted on January 26, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
8.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Walker 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  150084A and are pertinent to the decision rendered:

1.	Variance Application  150084 dated July 30, 2015 and filed on August 5, 2015.
2.	East Providence Fire Marshals Office Inspection Report dated December 4, 2014.
3.	Reschedule Notice dated August 18, 2015.
4.	Reschedule Notice dated September 22, 2015.
5.	Reschedule Notice dated October 23, 2015.
6.	Decision  150084 dated October 30, 2015.
7.	Memorandum and plan of action from Ramzi Loqa dated December 22, 2015.
8.	Reschedule Notice dated January 7, 2016.
9.	Revised plan of action from Ramzi Loqa dated December 8, 2015 (sic).
10.	Revised drawing  A101 dated January 13, 2016.


EXHIBITS

The following documents were presented at the January 26, 2016 hearing as exhibits:

1.	Applicants Placard Location Plan dated 10/29/2014.

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 those of the December 4, 2014 inspection report compiled by the East Providence Fire Marshals Office and Decision  150084 dated October 30, 2015.  The above report and Decision was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the January 26, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the December 4, 2014 inspection report and Decision  150084 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 educational occupancy.
3.	The building is not protected by an automatic sprinkler system and does not presently have a compliant fire alarm system.
4.	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.	The Board grants the Applicant a time variance until August 1, 2017 to comply with the provisions of RILSC section 15.3.4.1.1 by developing and implementing a plan of action for the installation of an approved fire alarm system throughout the facility, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 15.2.4 by providing this facility with an approved second egress from the second floor classrooms in accordance with the revised plan of action submitted, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
5.	This deficiency has been corrected.
6.	It is the understanding of the Board that this item is not a deficiency.
7.	This deficiency has been corrected.
8.	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).

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)].