As indicated in the file, a hearing involving the above-captioned property was conducted on November 15, 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, Pearson, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Hannah Burnes of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Gerald Bessette of the Barrington Fire Marshals Office.
APPLICANT: Scotty Neasbitt and Ed Wojcik.
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 Barrington Baptist Church (owner) of 25 Old County Road, Barrington, RI dated September 13, 2016.
3.	The Application was received by the Board and File  160135 opened on September 21, 2016.
4.	A hearing on the Application was conducted on November 15, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Vice-Chairman Blackburn and seconded by Commissioners Richard and Thornton to grant the Applicant the relief as outlined herein.  The motion passed on a 9 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160135 and are pertinent to the decision rendered:

1.	Variance Application  160135 dated September 13, 2016 and filed on September 21, 2016.
2.	State Fire Marshals Office Inspection Report dated May 25, 2016.
3.	State Fire Marshals Office Building Description  101-19 dated May 24, 2016.
4.	Letter of authorization for Mike Skibo and Cindy Weinrebe from Council Chair John Donahue dated September 7, 2016.
5.	Letter of authorization for Mike Skibo, Cindy Weinrebe, Scotty Neasbitt and Ed Wojcik from Council Chair John Donahue dated November 11, 2016.

EXHIBITS

The following documents were presented at the November 15, 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 May 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 November 15, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the May 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 and day care) occupancy consisting of approximately two thousand eight hundred (2,800) square feet for the day care occupancy.
3.	The building is of Type V (111) construction and has a non-compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the day care facility has been licensed for eighty-three (83) persons.
5.	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.	[16-873-VN]  This deficiency has been corrected.
2.	[16-874-VN]  This deficiency has been corrected.
3.	[16-875-VN]  This deficiency has been corrected.
4.	[16-928-VN]  This deficiency has been corrected.
5.	[16-929-VN]  This deficiency has been corrected.
6.	[16-930-VN]  This deficiency has been corrected.
7.	[16-871-VN]  The Board grants the Applicant a time variance of ninety (90) days from the date of the decision to comply with the provisions of RILSC section 17.3.4 by installing an approved total (complete) coverage fire alarm system for the facility, at the direction and to the satisfaction of the State and Barrington Fire Marshals Offices.

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 constitutes a final order of the Fire Safety Code Board of Appeal and Review and 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.	In accordance with R.I.G.L 42-35-12, 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)].