As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, August 8, 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 Pearson, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Kaitlyn Iannone of the State Fire Marshals Office.
APPLICANT: Chris Perrotti and Raymond Gomes.
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 Chris Perrotti (authorized representative) of 95 Church Street, Newport, RI dated [undated].
3.	The Application was received by the Board and File  170085 was opened on June 21, 2017.
4.	The property was previously before the Board on several occasions, most recently on August 28, 2007 at which time Decision  050048C was issued dated February 1, 2008.
5.	A hearing on the Application was conducted on August 8, 2017 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 Commissioner Sylvester and seconded by Commissioner Jackson 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  170085 and are pertinent to the decision rendered:

1.	Variance Application  170085 dated [undated] and filed on June 21, 2017.
2.	State Fire Marshals Office Inspection Report dated May 26, 2017.

EXHIBITS

The following documents were presented at the August 8, 2017 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 26, 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 August 8, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the May 26, 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 facility consists of two (2) existing buildings:  2-story multiple/mixed use (assembly and day care) occupancy consisting of approximately thirty-seven thousand seven hundred thirteen (37,713) square feet (gross area) and originally built in 1873.
3.	The buildings are of Type V (000) and Type II (000) construction and do not have a compliant fire alarm system and are provided with an approved 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.	INTERIOR FINISH: The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.3.3.3 by allowing the existing Class C interior finish (wall padding) installed in the gymnasium to remain in use.  In consideration of the relief granted herein, the Board directs the Applicant to maintain the padding in good repair at all times and sets the occupant load of this room at not to exceed two hundred ninety-nine (299) persons.
2.	FIRE ALARM SYSTEM: 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 in accordance with section 9.6 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.  In addition, the Board hereby grants the Applicant a variance to omit fire alarm detection above the suspended ceiling assembly located in the Kids Club area.
3.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 17.3.4.6 by providing this facility with 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.
4.	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 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)].