As indicated in the file, a hearing involving the above-captioned property was conducted on April 19, 2016 before a subcommittee of 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 Filippi, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Derek Keene of the Smithfield Fire Marshals Office.
APPLICANT: Robert OBrien and Angelo Mencucci.
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 Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Smithfield School Department (owner) of 49 Farnum Pike, Smithfield, RI dated February 16, 2016.
3.	The Application was received by the Board and File  160044 opened on March 10, 2016.
4.	A hearing on the Application was conducted on April 19, 2016 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Booth to grant the Applicant the relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on April 26, 2016 at which time Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Richard, Filippi, Pearson, Jackson, Booth and Thornton were in attendance.  At that time a motion was made by Commissioner Thornton and seconded by Vice-Chairman Blackburn to accept the subcommittee recommendation and grant the Applicant relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160044 and are pertinent to the decision rendered:

1.	Variance Application  160044 dated February 16, 2016 and filed on March 10, 2016.
2.	Smithfield Fire Marshals Office Inspection Report dated January 20, 2016.
3.	Letter from ADSFM Derek Keene to the Board dated March 1, 2016.

EXHIBITS

The following documents were presented at the April 19, 2016 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 January 20, 2016 inspection report compiled by the Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshals Office during the April 19, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the January 20, 2016 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 2-story multiple/mixed use (educational and assembly) occupancy.
3.	The building is of Type II (111) construction and is provided with approved (partial) sprinkler protection and has a compliant fire alarm system.
4.	There is no objection by the Smithfield Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	This deficiency has been corrected.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	This deficiency has been corrected.
13.	This deficiency has been corrected.
14.	This deficiency has been corrected.
15.	This deficiency has been corrected.
16.	This deficiency has been corrected.
17.	This deficiency has been corrected.
18.	This deficiency has been corrected.
19.	This deficiency has been corrected.
20.	This deficiency has been corrected.
21.	This deficiency has been corrected.
22.	This deficiency has been corrected.
23.	This deficiency has been corrected.
24.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 15.3.2.1(2) by allowing the existing Shop (tool crib A) and Room  206 to remain in use without automatic sprinkler protection.  In consideration of the relief granted herein, the Board directs the Applicant to ensure that these rooms or spaces be separated from the remainder of the building by fire barriers having a minimum 1-hour fire resistance rating, at the direction and to the satisfaction of the Smithfield Fire Marshal's Office.  The Board further directs the Applicant to develop and institute policies and procedure to ensure adequate housekeeping of these areas and an approved method for the disposal of wooden dust particles, at the direction and to the satisfaction of the Smithfield Fire Marshal's Office.
25.	This deficiency has been corrected.
26.	This deficiency has been corrected.
27.	This deficiency has been corrected.
28.	This deficiency has been corrected.
29.	This deficiency has been corrected.
30.	This deficiency has been corrected.
31.	This deficiency has been corrected.
32.	This deficiency has been corrected.
33.	This deficiency has been corrected.
34.	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: Fire Safety Code, 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: Fire Safety Code, 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: Fire Safety Code, 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:  Fire Safety Code, 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: Fire Safety Code, 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)].