As indicated in the file, a hearing involving the above-captioned property was conducted on October 25, 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 Richard, Filippi, Pearson, Jackson, Sylvester and Booth.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal David Pastore of the State Fire Marshals Office.
APPLICANT: David McShane.
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 Jo-Anne DeGiacomo Petri (authorized representative) of 401 Elmgrove Avenue, Providence, RI dated August 25, 2016.
3.	The Application was received by the Board and File  160125 opened on September 7, 2016.
4.	The matter was previously before the Board on several occasions, most recently on April 29, 2008 at which time Decision  050013C was issued dated July 17, 2008.
5.	A hearing on the Application was conducted on October 25, 2016 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 Vice-Chairman Blackburn and seconded by Commissioner Sylvester to grant the Applicant the 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  160125 and are pertinent to the decision rendered:

1.	Variance Application  160125 dated August 25, 2016 and filed on September 7, 2016.
2.	State Fire Marshals Office Inspection Report  8227 dated August 25, 2016.
3.	Letter of authorization for David McShane from Jeffrey K. Savit of the Jewish Alliance dated September 12, 2016.
4.	Decision  050013C dated July 17, 2008.

EXHIBITS

The following documents were presented at the October 25, 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 August 25, 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 October 25, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the August 25, 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 3-story multiple/mixed use (assembly, day care and business) occupancy consisting of approximately seventy thousand (70,000) square feet and originally built in 1970.
3.	The building is of Type II (000) construction and has a non-compliant fire alarm system and is provided with a non-compliant automatic sprinkler system.
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 grants the Applicant a variance from the provisions of RILSC section 13.3.5.1 by allowing the swimming pool area to remain in use without automatic sprinkler coverage.  In granting this relief, the Board notes that if this were a new occupancy the omission of sprinklers would be permitted in accordance with RILSC section 12.3.5.3(2).  In consideration of the relief granted herein, the Board directs that the occupant load of this area is limited to no more than one hundred (100) persons.
2.	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 17.3.4.1 and 17.3.4.5 by developing and submitting a plan of action for the installation of an approved total (complete) coverage fire alarm system throughout the facility.  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.  The Board further grants the Applicant a variance from the provisions of RILSC section 9.6.9.4 by permitting the use of PVC conduit for fire alarm circuits located within the swimming pool area.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	The Board grants the Applicant the time variance set forth in item 2 above to comply with the provisions of RILSC section 17.3.4.6 by installing approved carbon monoxide detection in the day care occupancy, at the direction and to the satisfaction of the State Fire Marshals Office.
7.	This deficiency will be corrected upon completion of item 2 above.
8.	This deficiency has been corrected.
9.	This deficiency has been corrected.
10.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.1.6 by allowing the gymnasium to remain in use on the third floor of the facility.  In consideration of the relief granted herein, the Board directs that the occupant load of this area is limited to no more than three hundred (300) persons.
11.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.3.1.2 by allowing the gymnasium occupancy to remain in use with the existing egress configuration.  In consideration of the relief granted herein, the Board directs that the occupant load of this area is limited to no more than three hundred (300) persons.
12.	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).

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)].