As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, December 5, 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: Acting Chairman Pearson and Commissioners Richard, Filippi, Walker, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Acting State Fire Marshal James Gumbley and Deputy State Fire Marshal Octavio Vieira of the State Fire Marshal's Office and Assistant Deputy State Fire Marshals Michael Matteson and Steven Kapalka of the Warwick Fire Marshals Office.
APPLICANT: Richard Crenca, Joseph Watson, Joseph Blake, Alfred DeCorte and Lara DAntuono.
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 Richard Crenca (authorized representative) of 925 Sandy Lane, Warwick, RI dated November 2, 2017.
3.	The Application was received by the Board and File  170143 was opened on November 2, 2017.
4.	A hearing on the Application was conducted on December 5, 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 Thornton and seconded by Commissioner Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on a 9 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170143 and are pertinent to the decision rendered:

1.	Variance Application  170143 dated November 2, 2017 and filed on November 2, 2017.
2.	Warwick Fire Marshals Office Inspection Report dated October 31, 2017.

EXHIBITS

The following documents were presented at the December 5, 2017 hearing as exhibits:

1.	Applicants plan of action dated December 2, 2017.
2.	Applicants first & second floor plans.

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 Decision below corresponds with the October 31, 2017 inspection report compiled by the Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State and Warwick Fire Marshals Offices during the December 5, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the October 31, 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 Board finds that as the building is owned by the City of Warwick, to avoid any actual or perceived conflicts of interest that the State Fire Marshal's Office has assumed jurisdiction over this property.
3.	The building is an existing 2-story multiple/mixed use (assembly, day care, business & storage) occupancy consisting of approximately twenty-three thousand six hundred fifty-two (23,652) square feet (gross area) and originally built in 1969.
4.	The building is of Type II (000) construction, does not have a compliant total (complete) coverage fire alarm system and is not provided with an approved automatic sprinkler system.  The Board notes that an approved fire alarm system with emergency forces notification is provided.
5.	The Board finds that the previous use of this building was business and storage with some assembly use on the first floor.
6.	The Board further finds that the current day care occupancy within the existing building is deemed a new use (change of occupancy) and shall be subject to the provisions of RILSC Chapter 16, New Day-Care Occupancies.
7.	The Board finds that the second floor of this facility is not currently occupied and will not be occupied or used for any purpose at this time and shall be required to comply fully with this Code prior to any occupancy.
8.	There is no objection by the State or Warwick Fire Marshals Offices to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby authorizes the continued use of the first floor only and the elimination of the Warwick Fire Department firefighter detail currently required during hours of operation.
2.	In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
a.	The use of the building shall be limited to the first floor only  there shall be no occupancy of the second floor;
b.	There shall be no sleeping in the building;
c.	There shall be no cooking in the building;
d.	Occupants of the building shall be limited to ages ten (10) or older only;
e.	The occupant load of the Yoga/Dance Room and the Recording Studio shall be limited to no more than twenty-five (25) persons each; and,
f.	Within thirty (30) days of the date of the decision, the Applicant shall provide the following:
i.	Installation of fire alarm system-connected smoke detection within the gymnasium;
ii.	Development and implementation of a written policy for staff members to maintain a fire watch in the first floor corridor egress system,
iii.	Repair and/or replacement of all non-functional emergency lighting units; and,
iv.	Provide approved protection of the unenclosed vertical opening between the first and second floors, at the direction and to the satisfaction of the State Fire Marshal's Office.
3.	The Board directs the Applicant to return before the Board on Tuesday, January 30, 2018 with a revised plan of action with the understanding that the State Fire Marshal's Office will be conducting a new inspection and providing a revised inspection report.
4.	The conditions set forth above shall remain in effect until the building is brought into full compliance or upon further review and action by the Board.

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 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)].