As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, January 30, 2018 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 and Commissioners Filippi, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Acting State Fire Marshal James Gumbley and Deputy State Fire Marshal Kevin Morris of the State Fire Marshal's Office and Assistant Deputy State Fire Marshal Steven Kapalka of the Warwick Fire Marshals Office.
APPLICANT: Richard Crenca, Joseph Watson, Joseph Blake 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.	The matter was initially before the Board on December 5, 2017 at which time Decision  170143 was issued dated December 19, 2017.
5.	A subsequent hearing on the Application was conducted on January 30, 2018 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 Thornton and seconded by Commissioner Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on a 5 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.
3.	Reschedule Notice dated December 7, 2017.
4.	Decision  170143 dated December 19, 2017.
5.	State Fire Marshals Office Inspection Report dated December 21, 2017.
6.	Applicants [Jensen Hughes] plan of action with floor plans dated January 25, 2018.

EXHIBITS

The following documents were presented at the January 30, 2018 hearing as exhibits:

1.	Applicants [Jensen Hughes] revised plan of action with floor plans dated January 30, 2018.

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 December 21, 2017 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State and Warwick Fire Marshals Offices during the January 30, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the December 21, 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 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.
3.	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.
4.	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.
5.	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.
6.	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.	FIRE ALARM:  The Board hereby grants a time variance to comply with the provisions of RILSC sections 16.3.4.5.1 and 9.6.2.9(2) by installing smoke detector coverage in the gymnasium prior to occupancy, at the direction and to the satisfaction of the State Fire Marshal's Office.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	EXTINGUISHMENT: The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.3.5.1 by allowing the omission of automatic sprinkler protection in the gymnasium.  In consideration of the relief granted herein, the Board directs the Applicant to post and limit the maximum occupant load of this space at less than three hundred (300) persons.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.
9.	This deficiency has been corrected.
10.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 16.2.11.1.1 by allowing the yoga, dance, pool table and recording studio rooms to remain in use without approved outside windows for rescue.  In consideration of the relief granted herein, the Board approves and adopts the Applicants January 30, 2018 plan of action to install a second door out of each room as an equivalent compliance method as set forth in RILSC section 17.2.11.1.2(3) for existing day care occupancies.
11.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 16.2.11.1.1 by allowing the teen center, practice room and art studio rooms to remain in use without approved outside windows for rescue.  In granting this relief, the Board acknowledges that each of these rooms is provided with two (2) separate paths of travel to the exterior, as permitted in accordance with item  10, above.
12.	CARBON MONOXIDE DETECTION: The Board hereby grants the Applicant a variance from the provisions of RILSC section 16.3.4.6 by allowing the omission of carbon monoxide (CO) detection throughout the facility.  In consideration of the relief granted herein, the Board directs the Applicant to install a single-station CO alarm within the boiler room of the facility, at the direction and to the satisfaction of the State Fire Marshal's Office.
13.	PROTECTION OF HAZARDS:  The Board hereby grants the Applicant a time variance until May 1, 2018 to comply with the provisions of RILSC section 16.3.2.1 by installing an approved fire door assembly for the boiler room of the facility, at the direction and to the satisfaction of the State Fire Marshal's Office.
14.	This deficiency has been corrected.
15.	VERTICAL OPENINGS: The Board hereby grants the Applicant a time variance until May 1, 2018 to comply with the provisions of RILSC section 16.3.6 by certifying or replacing the stairway doors of the facility with approved rated doors, at the direction and to the satisfaction of the State Fire Marshal's Office.
16.	EGRESS: The Board hereby grants the Applicant a time variance until May 1, 2018 to comply with the provisions of RILSC section 16.3.6 by certifying or replacing the corridor doors of the facility with approved rated doors, at the direction and to the satisfaction of the State Fire Marshal's Office.
17.	This deficiency has been corrected.
18.	EGRESS: The Board hereby grants the Applicant a time variance until May 1, 2018 to comply with the provisions of RILSC section 16.3.6 by eliminating the unprotected corridor opening at the kitchen by installing approved rated construction, at the direction and to the satisfaction of the State Fire Marshal's Office.
19.	This deficiency has been corrected.
20.	FIRE ALARM: The Board hereby grants the Applicant a time variance until May 1, 2018 to comply with the provisions of RILSC section 9.6.5.4 by installing an approved fire alarm system drill switch, at the direction and to the satisfaction of the State Fire Marshal's Office.
21.	FIRE ALARM: The Board hereby grants the Applicant a variance from the provisions of RILSC section 9.6.2.9 by allowing the omission of heat detection within the utility tunnel of the facility.  In consideration of the relief granted herein, the Board directs the Applicant to install locked gates at either end of the tunnel to prevent unauthorized access, at the direction and to the satisfaction of the State Fire Marshal's Office.

In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
1.	The use of the building at this time shall be limited to the first floor only  there shall be no occupancy of the second floor until such time that a plan review is conducted and approved by the State Fire Marshal's Office;
2.	There shall be no sleeping in the building;
3.	There shall be no cooking in the building; and,
4.	Occupants of the building shall be limited to ages ten (10) or older only.

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)].