As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, October 24, 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, Jackson, Sylvester, Booth and Thornton.
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.	The property was again before the Board on October 3, 2017at which time Decision  170107 was issued dated October 25, 2017.
6.	A subsequent hearing on the Application was conducted on October 24, 2017 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 Thornton and seconded by Commissioner Sylvester 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  170107A 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  170107 dated October 25, 2017.
4.	Applicants plan of action dated October 19, 2017.

EXHIBITS

The following documents were presented at the October 24, 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 24, 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.	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 until November 28, 2017 to comply with the provisions of RILSC section 16.3.2.1 by properly sealing all penetrations and providing approved automatic sprinkler 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 an approved fire separation between the north and middle sections.  In granting this relief, the Board acknowledges that a true fire separation may not be attainable and permits the selected application of an approved fire-retardant coating (intumescent paint) to the below-ceiling surfaces as an approved alternative, 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 all cross-corridor door locks and ensuring the operability of the proximate corridor (escape) windows in 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).

In consideration of the relief granted herein, the Board directs this variance shall expire in one (1) year from the date of the decision.  Should the Applicant desire to continue to utilize and occupy the building after this date, a new inspection shall be conducted and the building brought into full compliance with the Code.

Finally, the Board hereby authorizes the State Fire Marshals Office to extend the November 28, 2017 timeline 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 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)].