As indicated in the file, a hearing involving the above-captioned property was conducted on December 13, 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: Vice-Chairman Blackburn and Commissioners Richard, Filippi, Pearson, Walker, Jackson, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Robert Letourneau of the State Fire Marshals Office.
APPLICANT: Michael Needleman and Michael Turano.
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 Matt Murphy (authorized representative) of the Westerly School Department, 15 Highland Street, Westerly, RI dated March 7, 2016.
3.	The Application was received by the Board and File  160052 opened on March 30, 2016.
4.	The property was previously before the Board on December 9, 2014 at which time Decision  140144 was issued dated December 19, 2014
5.	This matter was most recently before the Board on May 10, 2016 at which time Decision  160052 was issued dated May 18, 2016 directing the Applicant to return on December 13, 2016 with an approved plan of action.
6.	A subsequent hearing on the Application was conducted on December 13, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	After all evidence was presented at the hearing, a motion was made by Commissioner Richard and seconded by Commissioner Walker to grant the Applicant the relief as outlined herein.  The motion passed on a 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160052 and are pertinent to the decision rendered:

1.	Variance Application  160052 dated March 7, 2016 and filed on March 30, 2016.
2.	State Fire Marshals Office Inspection Report dated January 13, 2016.
3.	State Fire Marshals Office Building Description  504-63 dated March 4, 2016.
4.	Letter of authorization for Matthew Murphy from Roy Seitsinger of the Westerly Public Schools dated March 28, 2016.
5.	Decision  140144 dated December 19, 2014.
6.	Decision  160052 dated May 18, 2016.
7.	Reschedule Notice dated October 20, 2016.

EXHIBITS

The following documents were presented at the December 13, 2016 hearing as exhibits:

1.	Letter of authorization for Michael Needleman from Roy Seitsinger, Jr. dated September 7, 2016.
2.	Encore Fire Protection proposal dated October 27, 2016.
3.	Westerly Public Schools Purchase Order  20172016-00.

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 13, 2016 inspection report compiled by the State Fire Marshals Office and Decision  160052 dated May 18, 2016.  The above report and Decision were utilized by the Board, the Applicant and the State Fire Marshals Office during the December 13, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the January 13, 2016 inspection report and Decision  160052 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 1-story multiple/mixed use (assembly, educational, business and day care) occupancy.
3.	The building is of Type II (000) construction and is provided with approved partial sprinkler protection and does not have a compliant fire alarm 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.	[16-48-VN]  The Board grants the Applicant a time variance until the commencement of the 2017/2018 school year to comply with the provisions of RILSC section 17.3.4.5 by installing an approved total (complete) coverage fire alarm system throughout the facility, 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).

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in R.I.G.L. section 42-35-12 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.	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)].