As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, December 19, 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, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Kaitlyn Iannone of the State Fire Marshals Office.
APPLICANT: Ann Hackett.
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 Ann Hackett (authorized representative) of 746 Bristol Ferry Road, Portsmouth, RI dated October 14, 2017.
3.	The Application was received by the Board and File  170159 was opened on November 15, 2017.
4.	This property was previously before the Board on October 7, 2008 at which time Decision  060652 was issued dated February 16, 2009.
5.	A hearing on the Application was conducted on December 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 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  170159 and are pertinent to the decision rendered:

1.	Variance Application  170159 dated October 14, 2017 and filed on November 15, 2017.
2.	State Fire Marshals Office Inspection Report dated October 23, 2017.
3.	Letter of authorization for Ann Hackett from Jim DeAngelis dated November 2, 2017.

EXHIBITS

The following documents were presented at the December 19, 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 October 23, 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 19, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the October 23, 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 day care occupancy consisting of approximately two thousand nine hundred (2,900) square feet (gross area) and originally built in 1955.
3.	The building is of Type V (000) construction, does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The Board finds that the Applicant is currently in negotiations to relocate to a different location and will vacate these premises on or before July 1, 2018.
5.	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.	16SFM-1118-VN: This deficiency has been corrected.
2.	16SFM-1119-VN: FIRE ALARM SYSTEM: The Board grants the Applicant a time variance until June 30, 2018 to comply with the provisions of RILSC sections 17.3.4 and 9.6.1.8.1 by providing fire alarm system smoke detection in the area of the fire alarm control unit, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	16SFM-1120-VN: This deficiency has been corrected.
4.	16SFM-1121-VN: This deficiency has been corrected.
5.	16SFM-1122-VN: This deficiency has been corrected.
6.	16SFM-1117-VN: FIRE ALARM SYSTEM: The Board grants the Applicant a time variance until June 30, 2018 to comply with the provisions of RILSC sections 17.3.4 and 9.6.2.9 by providing fire alarm system heat detection in all required locations, at the direction and to the satisfaction of the State Fire Marshals 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).

In consideration of the relief granted herein, once the current tenant vacates this space, the Board directs the Applicant to bring the fire alarm system of this building into full compliance prior to any reoccupancy of the vacated tenant space.


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)].