As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, October 3, 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 Filippi, Pearson, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Matthew Primiano and Octavio Vieira of the State Fire Marshals Office.
APPLICANT: Will Cronin.
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 Will Cronin (authorized representative) of 350 East Main Road, Middletown, RI dated August 25, 2017.
3.	The Application was received by the Board and File  170107 opened on August 30, 2017.
4.	The property was previously before the Board on March 10, 2009 at which time Decision  060824 was issued dated June 12, 2009 and again on July 26, 2016 at which time Decision  160082 was issued dated August 4, 2016.
5.	A hearing on the Application was conducted on October 3, 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 Pearson and seconded by Commissioner Thornton to grant the Applicant the relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160082 and are pertinent to the decision rendered:

1.	Variance Application  170107 dated August 25, 2017 and filed on August 30, 2017.
2.	State Fire Marshals Office Inspection Report dated July 24, 2017.
3.	Decision  160082 dated August 4, 2016.
4.	Letter to the Board from Will Cronin dated May 5, 2017 with lease attachment dated December 8, 2016.
5.	Letter to Will Cronin from the Board (email) dated May 19, 2017.

EXHIBITS

The following documents were presented at the October 3, 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 July 24, 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 October 3, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the July 24, 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 1-story multiple/mixed use (educational, day care and business) occupancy consisting of approximately thirty-eight thousand three hundred sixteen (38,316) square feet and originally built in 1970.
3.	The building is of Type II (000) construction and has a compliant fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
4.	The Board finds that during the previous hearing held on July 26, 2016 the Applicant represented to the Board that the facility would be vacated no later than September 30, 2017, which was the basis for the time relief then granted.
5.	The Board further finds that the Applicant is now seeking to extend the time usage of the facility by an additional twelve (12) months and that no corrections to any of the outstanding deficiencies has been started or completed.
6.	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.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant a time variance of eight (8) weeks from the date of the hearing to comply with the provisions of RILSC section 16.3.2.1 by providing approved protection for the existing boiler room, at the direction and to the satisfaction of the State Fire Marshal's Office.
2.	CONSTRUCTION and COMPARTMENTATION: The Board hereby grants the Applicant the time variance set forth in item 1 above to comply with the provisions of RILSC sections 16.1.3 and 6.1.14 by providing approved separation between the north and middle sections, at the direction and to the satisfaction of the State Fire Marshal's Office.
3.	EGRESS: The Board hereby grants the Applicant the time variance set forth in item 1 above to comply with the provisions of RILSC section 16.2.5.2 by eliminating the existing sixty-five (65) foot dead-end corridor in the west hallway, 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, In consideration of the relief granted herein, the Board directs the Applicant to return to the Board on October 17, 2017 with a plan of action approved by the State Fire Marshal's Office to address the violations set forth above.

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision 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)].