As indicated in the file, a hearing involving the above-captioned property was conducted on August 16, 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, Vice-Chairman Blackburn and Commissioners Jackson and Booth.
AUTHORITY HAVING JURISDICTION: Deputy  State Fire Marshal Michael Macaruso of the State Fire Marshals Office and ADSFM Thomas Trainor of the East Providence Fire Marshals Office.
APPLICANT: Harold Burgoyne.
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 Harold Burgoyne (authorized representative) of 165 Rounds Avenue, Riverside, RI dated May 31, 2016.
3.	The Application was received by the Board and File  160088 opened on June 21, 2016.
4.	A hearing on the Application was conducted on August 16, 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 subcommittee hearing, a motion was made by Vice-Chairman Blackburn and seconded by Commissioner Jackson 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 August 23, 2016 at which time Vice-Chairman Blackburn and Commissioners Filippi, Pearson, Walker, Jackson, Booth and Thornton were in attendance.  At that time a motion was made by Commissioner Thornton and seconded by Commissioner Jackson to accept the subcommittee recommendations and 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  160088 and are pertinent to the decision rendered:

1.	Variance Application  160088 dated May 31, 2016 and filed on June 21, 2016.
2.	State Fire Marshals Office Inspection Report dated May 23, 2016.
3.	State Fire Marshals Office Building Description  96 dated March 13, 2015.

EXHIBITS

The following documents were presented at the August 16, 2016 hearing as exhibits:

1.	Applicants Plan of Action (7 pages).
2.	State Fire Marshal's Offices photographs (.

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 May 23, 2016 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the August 16, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the May 23, 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 (assembly/worship and day care) occupancy consisting of approximately seventeen thousand ninety (17,090) square feet and originally built in 1967.
3.	The building is of Type III (200) construction and does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	There is no objection by the State Fire Marshals or East Providence Fire Marshals Offices to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	[16-889-VN]  The Board grants the Applicant a variance from complying with the provisions of RILSC section 7.2.2.4.5.2 requiring approved egress guards for the second floor of the facility.  In consideration of the relief granted herein, the Board directs the Applicant to ensure that there is no day care occupancy or activities on the second floor of the facility.
2.	[16-890-VN]  This deficiency has been corrected.
3.	[16-903-VN]  The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC sections 17.2.1 and 8.6.5 by treating the solid-core wooden door at the top of the stairs with an approved fire-retardant coating (intumescent paint).  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.
4.	[16-906-VN]  The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC sections 7.2.2.4.1.6, 7.2.2.4.4.2 and 7.2.2.4.4.6 by providing approved handrails in the egress system of this facility, at the direction and to the satisfaction of the State Fire Marshal's Office.
5.	[16-908-VN]  The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC section 7.2.2.4.5.3 by providing approved stair guards in the egress system of this facility, at the direction and to the satisfaction of the State Fire Marshal's Office.
6.	[16-887-VN]  The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC sections 17.3.4.1 and 17.3.4.5 by providing an approved fire-resistance rated corridor door from the gymnasium area to separate the two occupancies, at the direction and to the satisfaction of the State Fire Marshal's Office.

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).

Finally, the Board hereby authorizes the State Fire Marshals Office to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Fire Safety Code, section 6-2-22.1.

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)].