As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, December 12, 2017 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Pearson, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal David Pastore of the State Fire Marshals Office.
APPLICANT: Attorney Mark Russo.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under RIGL 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 John Holiver (owner) of Roger Williams Medical Center, 825 Chalkstone Avenue, Providence, RI dated October 25, 2017.
3.	The Application was received by the Board and File  170141 was opened on October 27, 2017.
4.	A hearing on the Application was conducted on December 12, 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 Davison and seconded by Commissioner Sylvester 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  170141 and are pertinent to the decision rendered:

1.	Variance Application  170141 dated October 25, 2017 and filed on October 27, 2017.
2.	State Fire Marshals Office Inspection Report dated October 4, 2017.

EXHIBITS

The following documents were presented at the December 12, 2017 hearing as exhibits:

1.	AHJs status report and compliant approach report dated December 12, 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 October 4, 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 December 12, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the October 4, 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 5-story with basement health care occupancy consisting of approximately three hundred sixty-nine thousand seven hundred fifty-five (369,755) square feet (gross area) and originally built in 1920.
3.	The building is of Type II (222) construction, does not have a fully compliant fire alarm system and is 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.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 19.3, 8.6.5 and 7.1.3.2 by allowing the existing center and east elevators that open into the exit stair enclosures to remain as an existing condition based upon a structural hardship.
2.	OPENING PROTECTIVES: The Board hereby grants the Applicant a time variance of seventy-two (72) days from the date of the decision to comply with the provisions of RILSC sections 19.5 and 9.1.2 and NFPA 70 (2014) article 112.6 by providing an approved rated door assembly for the electric room off of the boiler room, at the direction and to the satisfaction of the State Fire Marshal's Office.
3.	This deficiency has been corrected.
4.	EMERGENCY LIGHTING: The Board hereby grants the Applicant a time variance of seventy-two (72) days from the date of the decision to comply with the provisions of RILSC sections 19.2.9 and 7.9.1 by providing the sub-basement next to the Kay Auditorium with approved emergency lighting in accordance with section 7.9, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	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 19.3.4 and 9.6.2.11 by developing and submitting a plan of action for the installation of approved smoke detectors in the elevator machine rooms of this 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.
8.	FIRE ALARM SYSTEM: The Board grants the Applicant the time variance set forth in item  7 above to comply with the provisions of RILSC sections 19.3.4 and 9.6.2.11 by installing approved smoke detectors in the stairwell landings of this facility, at the direction and to the satisfaction of the State Fire Marshals Office.
9.	FIRE ALARM SYSTEM: The Board grants the Applicant the time variance set forth in item  7 above to comply with the provisions of RILSC sections 19.3.4 and 9.6.2.11 by installing an approved heat detector in the ground floor electric room next to the x-ray department, at the direction and to the satisfaction of the State Fire Marshals Office.
10.	FIRE ALARM SYSTEM: The Board grants the Applicant a time variance of seventy-two (72) days from the date of the decision to comply with the provisions of RILSC sections 19.3.4 and 9.6.2.2.1 by installing an approved manual fire alarm box in the basement IT room of this facility, at the direction and to the satisfaction of the State Fire Marshals Office.
11.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 19.2 and 7.1.5 by allowing the existing basement headroom to remain as an existing condition based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to provide cautionary markings in the affected areas, at the direction and to the satisfaction of the State Fire Marshal's Office.
12.	FIRE ALARM SYSTEM: The Board grants the Applicant the time variance set forth in item  7 above to comply with the provisions of RILSC sections 19.7.1.4, 9.6.5.4 and 9.6.5.2 by installing an approved fire alarm system manual override switch, at the direction and to the satisfaction of the State Fire Marshals Office.
13.	EXTINGUISHMENT: The Board hereby grants the Applicant a time variance until December 15, 2017 to comply with the provisions of RIFC section 50.1, NFPA 96 section 10.2.6 and NFPA 17A section 7.5 by providing approved kitchen fire suppression systems for this facility, at the direction and to the satisfaction of the State Fire Marshal's Office.

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 RIGL 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 [FSC] 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: FSC 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 FSC or a revision of the above-cited classification.  (See: FSC 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 RIGL section 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:  FSC section 6-2-25).
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5.	In accordance with RIGL section42-35-12, 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: FSC section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].