As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, September 19, 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, Vice-Chairman Blackburn and Commissioners Pearson, Jackson, Sylvester and Booth.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals James Gumbley and David DiMaio of the State Fire Marshals Office.
APPLICANT: Daniel Grabowski.
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 Daniel Grabowski (authorized representative) of Boys & Girls Club of Woonsocket, PO Box 579, Woonsocket, RI dated August 16, 2017.
3.	The Application was received by the Board and File  170117 was opened on September 1, 2017.
4.	This property has been before the Board on numerous occasions where Decisions  050097 (3/31/05), 050097A (7/21/05), 050097B (11/20/06) and 060676 (4/6/09) were issued.
5.	A hearing on the Application was conducted on September 19, 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 Vice-Chairman Blackburn and seconded by Commissioners Pearson and 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  170117 and are pertinent to the decision rendered:

1.	Variance Application  170117 dated August 16, 2017 and filed on September 1, 2017.
2.	State Fire Marshals Office Inspection Report dated May 3, 2017.
3.	Decisions  050097 (3/31/05), 050097A (7/21/05), 050097B (11/20/06) and 060676 (4/6/09).
4.	Letter from former DSFM Scott Caron of the State Fire Marshal's Office to the Boys & Girls Club of Woonsocket dated April 30, 2009.
5.	Letter from the Boys & Girls Club of Woonsocket to the Board dated [undated].

EXHIBITS

The following documents were presented at the September 19, 2017 hearing as exhibits:

1.	Applicants photographs and material testing documents.
2.	AHJs photographs and material testing documents.

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 3, 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 September 19, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the May 3, 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 3-story with basement multiple/mixed use (assembly and day care) occupancy consisting of approximately fifty-six thousand (56,000) square feet (gross area) and originally built in 1895.
3.	The building is of Type III (211) construction, has a compliant fire alarm system and is provided with an approved automatic sprinkler system.  The Board finds that there is some question as to the original construction classification of the building and that it should be more accurately classified as Type III (200).
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.	This deficiency has been corrected.
2.	INTERIOR FINISH: The Board hereby grants the Applicant a time variance of one (1) year from the date of the decision to comply with the provisions of RILSC sections 13.3.3.3 and 10.2 by removing, modifying and/or replacing the applied plastic interior finish on the third floor of the facility, at the direction and to the satisfaction of the State Fire Marshal's Office.  The Board further grants the Applicant relief to continue the use of the third floor based upon the revised classification of construction and hereby limits the occupant load of that space to no more than forty (40) persons.
3.	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).
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)].