As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, July 25, 2017 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 and Commissioners Richard, Pearson, Sylvester, Booth and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Octavio Vieira of the State Fire Marshals Office.
APPLICANT: Maryanne Crawford, Robert Desrochers and Attorney Joseph Cooper.
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 Maryanne Crawford (authorized representative) of South Kingstown School Department, 307 Curtis Corner Road, South Kingstown, RI dated [undated].
3.	The Application was received by the Board and File  170079 was opened on June 5, 2017.
4.	A hearing on the Application was conducted on July 25, 2017 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 Commissioner Sylvester and seconded by Commissioners Booth and Pearson to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170079 and are pertinent to the decision rendered:

1.	Variance Application  170079 dated [undated] and filed on June 5, 2017.
2.	State Fire Marshals Office Inspection Report dated May 5, 2017.

EXHIBITS

The following documents were presented at the July 25, 2017 hearing as exhibits:

1.	Applicants second floor plan [undated].
2.	Letter of authorization for Attorney Joseph Cooper from Superintendent of Schools Kristen E. Stringfellow dated July 25, 2017.

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 5, 2017 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 July 25, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the May 5, 2017 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 day care) occupancy consisting of approximately ninety-eight thousand seven hundred seventy-eight (98,778) square feet (gross area) and originally built in 1924.
3.	The building is of Type II (000) construction and has a compliant fire alarm system with emergency forces notification and is provided with an approved automatic (partial) sprinkler system.
4.	An outside agency, the South County YMCA, operates a before/after-school day care program for approximately thirty (30) to forty (40) school-age children (kindergarten  4th grade) within the elementary school facility.
a.	Hours of operation are from 7:00  8:30 AM and 3:15  6:00 PM, during the school academic year.
b.	Day care operations are limited to the cafeteria, the outside recreation areas and incidental use of the adjacent lavatories.
c.	There are no provisions or facilities for sleeping and structured sleeping/rest periods are not part of the program provided.
d.	Fuel-burning appliances are located in the kitchen of the facility (adjacent to the cafeteria) and in the boiler room on the first floor level (beneath the library).
e.	In response to the most recent inspection, the Applicant has installed four (4) hard-wired single-station carbon monoxide (CO) alarms within the cafeteria and one (1) hard-wired single-station CO alarm in the corridor outside of the cafeteria entrance.
5.	The State Fire Marshals Office takes no position, either in favor or against, the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC sections 17.3.4.6 and 6.1.14.3.2 by providing this facility with an additional three (3) approved carbon monoxide (CO) alarms in accordance with section 9.8, at the direction and to the satisfaction of the State Fire Marshal's Office, as follows:
a.	Second floor at the top of Stair C;
b.	Second floor at the top of Stair E (south of the library); and,
c.	Second floor corridor outside the lavatories adjacent to the gymnasium.

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.	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)].