As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, February 27, 2018 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Pearson, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Kaitlyn Iannone and Christine Kent of the State Fire Marshals Office.
APPLICANT: Craig McMillian and Raymond Gomes.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. 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 Craig McMillian (authorized representative) of 139 Heritage Drive, Portsmouth, RI dated September 27, 2017.
3.	The Application was received by the Board and File  170132 was opened on September 29, 2017.
4.	An initial hearing on the Application was conducted on October 31, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	At that time, the matter was continued without a finding until January 9, 2018 to allow the Applicant to develop a revised plan of action for compliance.
6.	It was subsequently learned that DSFM Iannone had previously notified the Board of her unavailability on January 9, 2018 and the matter was again rescheduled, until February 20, 2018.
7.	It was subsequently learned that the Applicant was unavailable on February 20, 2018 and the matter was again rescheduled, until February 27, 2018.
8.	A subsequent hearing on the Application was conducted on February 27, 2018 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
9.	After all evidence was presented at the hearing, a motion was made by Commissioner Pearson and seconded by Commissioners Booth and 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  170132 and are pertinent to the decision rendered:

1.	Variance Application  170132 dated September 27, 2017 and filed on September 29, 2017.
2.	State Fire Marshals Office Inspection Report dated September 18, 2017.
3.	Letter of authorization [email] from Craig McMillian dated September 28, 2017.
4.	State Fire Marshal's Office supplemental fire plan review report dated April 12, 2017.
5.	Applicants proposed plan of action.
6.	Reschedule Notice dated November 8, 2017.
7.	Email from DSFM Iannone to the Board dated December 12, 2017.
8.	Reschedule Notice dated January 12, 2018.
9.	Email from Craig McMillian to the Board dated January 30, 2018.
10.	Reschedule Notice dated January 31, 2018.

EXHIBITS

The following documents were presented at the February 27, 2018 hearing as exhibits:

1.	AHJs Plan Review Report dated September 11, 2017.
2.	Applicants Plan of Action for Report  13192.

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 September 18, 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 27, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the September 18, 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/worship & day care) occupancy consisting of approximately eleven thousand five hundred (11,500) square feet (gross area) and originally built in 1835.
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 licensed occupant load of the day care facility has been calculated at twenty (20) persons.
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-751-VN] ELECTRICAL: This deficiency has been corrected.
2.	[16SFM-754-VN] 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 section 17.3.4 by developing and submitting a plan of action for the installation of an approved fire alarm system in accordance with section 9.6 throughout the 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.  In consideration of the relief granted herein, the Board approves and adopts the Applicants proposed plan of action and directs the Applicant to comply as follows:
1.	Install smoke detection in the Child Care Room.
2.	This deficiency has been corrected.
3.	The Board grants relief to omit a manual fire alarm box from the second floor storage room.  In consideration of the relief granted herein, the Board directs the Applicant to limit access to this area to authorized persons only and to keep the door locked at all other times.
4.	Install heat detection above the suspended ceilings in the Child Care Room and the Youth Room.  The Board grants relief to annunciate the above-ceiling detection on the associated fire alarm system zone for the area below due to the limitations of the existing fire alarm control unit.
5.	Install heat detection in the walk-in storage closet.  The Board grants relief to omit heat detection in the kitchen storage cupboard and the storage cupboard under the interior stairs.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	Install smoke detection in the Cubby Area.
9.	Install additional smoke detection in the common corridor.
3.	[16SFM-756-VN] CARBON MONOXIDE ALARMS: This deficiency has been corrected.
4.	[16SFM-758-VN] ELECTRICAL: This deficiency has been corrected.
5.	[16SFM-750-VN] EGRESS: This deficiency has been corrected.

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 R.I.G.L. 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, 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: Fire Safety Code, 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 Fire Code or a revision of the above-cited classification.  (See: Fire Safety Code, 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 R.I.G.L. 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:  Fire Safety Code, section 6-2-25).
4.	In accordance with R.I.G.L 42-35-12, 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: Fire Safety Code, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].