As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, February 6, 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, Vice-Chairman Blackburn and Commissioners Filippi, Pearson, Walker, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals David Pastore and David DiMaio of the State Fire Marshals Office.
APPLICANT: Walter Johnson.
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 Walter Johnson (authorized representative) of Kent County Hospital, 455 Toll Gate Road, Warwick, RI dated December 28, 2017.
3.	The Application was received by the Board and File  180003 was opened on January 2, 2018.
4.	A hearing on the Application was conducted on February 6, 2018 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 Booth 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  180003 and are pertinent to the decision rendered:

1.	Variance Application  180003 dated December 28, 2017 and filed on January 2, 2018.
2.	State Fire Marshals Office Inspection Report dated November 16, 2017.

EXHIBITS

The following documents were presented at the February 6, 2018 hearing as exhibits:

1.	Applicants Fire Drill Procedure dated 12/20/17.

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 November 16, 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 February 6, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the November 16, 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-four thousand two hundred sixty-three (364,263) square feet (gross area) and originally built in 1948.
3.	The building is of Type II (222) construction, has an existing approved fire alarm system and is provided with an approved automatic sprinkler system.
4.	The facility has been licensed by RIDOH for three hundred fifty-nine (359) beds.
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.	This deficiency has been corrected.
2.	AUTOMATIC SPRINKLER SYSTEM: The Board grants the Applicant a time variance of one hundred eighty  (180) days from the date of the decision to comply with the provisions of RIFC section 13.3.1.2 and NFPA 13 (2010) section 8.5.5.2 by eliminating the sprinkler head obstruction in the basement storage room, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 19.2.1 and 7.1.5 by allowing the existing headroom in the basement Environmental Services Locker Room 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 headroom markings at the direction and to the satisfaction of the State Fire Marshal's Office.
4.	This deficiency has been corrected.
5.	AUTOMATIC SPRINKLER SYSTEM: The Board grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RIFC section 13.3.1.2 and NFPA 13 (2010) section 4.1 by providing automatic sprinkler protection in  room 2031 North, at the direction and to the satisfaction of the State Fire Marshals Office.
6.	FIRE ALARM SYSTEM: The Board grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC sections 19.3.4.1 and 9.6.1.8.1 by providing automatic smoke detection in room 2024A, at the direction and to the satisfaction of the State Fire Marshals Office.
7.	FIRE ALARM SYSTEM: The Board grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC sections 19.3.4.1 and 9.6.2.11(1) by providing automatic smoke detection in all stairwells floor landings, 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 outlined in item 2 above to comply with the provisions of RILSC sections 19.3.4.1 and 9.6.1.3 by providing a manual fire alarm box at basement door 310, at the direction and to the satisfaction of the State Fire Marshals Office.
9.	The Board finds that this is not a violation.
10.	AUTOMATIC SPRINKLER SYSTEM: The Board grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RIFC section 13.3.1.2 and NFPA 13 (2010) section 4.1 by providing automatic sprinkler protection in old decon room sw06, at the direction and to the satisfaction of the State Fire Marshals Office.
11.	PROTECTION FROM HAZARDS: The Board grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 19.3.2.1 and 8.7.1.1 by providing approved HVAC duct fire dampers for electrical room N2086 North, at the direction and to the satisfaction of the State Fire Marshals Office.
12.	PROTECTION FROM HAZARDS: The Board grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 19.3.2.2 and 8.7.4 by providing approved storage containers and procedures for all chemicals in the Histology and Immunology Labs, at the direction and to the satisfaction of the State Fire Marshals Office.
13.	HAZARDOUS MATERIALS: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 60.5.1.8.2 by providing approved warning signage for the exterior Carbon Dioxide Gas Room, at the direction and to the satisfaction of the State Fire Marshals Office.
14.	This deficiency has been corrected.
15.	HAZARDOUS MATERIALS: 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 section 19.3.2 by providing approved labeling for all chemical waste containers in the Chemistry Lab, 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).

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)].