As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 5, 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, Pearson, Sylvester, Booth, Thornton, Davison and ODonnell.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals James Gumbley and Eric Kiernan of the State Fire Marshals Office.
APPLICANT: Attorney Mark Tourgee and Town Council President Denise DiFranco.
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 Joanna Achille, Esq. (authorized representative) of Town of Foster, 181 Howard Hill Road, Foster, RI dated April 27, 2018.
3.	The Application was received by the Board and File  180054 was opened on May 3, 2018.
4.	A hearing on the Application was conducted on June 5, 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 Sylvester 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  180054 and are pertinent to the decision rendered:

1.	Variance Application  180054 dated April 27, 2018 and filed on May 3, 2018.
a.	Attached Plan of Action dated April 27, 2018
2.	State Fire Marshals Office Inspection Report dated March 9, 2016.

EXHIBITS

The following documents were presented at the June 5, 2018 hearing as exhibits:

1.	Applicants Invoice for Flame Stop III latex paint additive dated June 4, 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 numbers of the Decision below correspond with those of the March 9, 2016 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 June 5, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the March 9, 2016 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 3-story with basement multiple/mixed use (detention & correctional and business) occupancy consisting of approximately four thousand nine hundred eighty (4,980) square feet (gross area) and originally built in 1875.
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.	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-350-VN]  PROTECTION OF VERTICAL OPENINGS: 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 sections 23.3.1 and 39.3.1 by developing and submitting a plan of action for the installation of suitable protection of the center stairwell of 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.
2.	[16SFM-351-VN]  EGRESS: The Board hereby grants the Applicant a time variance of one (1) week from the date of the decision to comply with the provisions of RIFC section 14.4.1 by removing all lockers and/or filing cabinets stored in the egress corridor of the facility, at the direction and to the satisfaction of the State Fire Marshal's Office.
3.	[16SFM-352-VN]  INTERIOR FINISH: The Board hereby grants the Applicant the time variance as set forth in item 2 above to comply with the provisions of RILSC sections 23.3.3.1 and 39.3.3.1 by treating all wood paneling or wainscoting in the egress corridor of the facility with an approved fire-retardant coating (intumescent paint), at the direction and to the satisfaction of the State Fire Marshals Office.
4.	[16SFM-353-VN]  FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance as set forth in item 1 above to comply with the provisions of RILSC section 39.3.4.1 by providing this facility with an approved fire alarm system in accordance with section 9.6, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	[16SFM-355-VN]  This deficiency has been corrected.
6.	[16SFM-358-VN]  This deficiency has been corrected.
7.	[16SFM-360-VN]  EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 39.2.1 and 7.1.5.1 by allowing the existing headroom in the 3rd floor attic space to remain as an existing condition.
8.	[16SFM-361-VN]  EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 39.2.1 and 7.2.2.1 by allowing the existing stairs to the lower level to remain as an existing condition.
9.	[16SFM-390-VN]  ELECTRICAL:  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 11.1.1 by correcting all electrical deficiencies on the lower level, at the direction and to the satisfaction of the State Fire Marshal's Office.
10.	[16SFM-391-VN]  ELECTRICAL:  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 11.1.1 by removing all non-approved extension cords, at the direction and to the satisfaction of the State Fire Marshal's Office.
11.	[16SFM-392-VN]  ELECTRICAL:  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 11.1.1 by removing all non-approved relocatable power taps, at the direction and to the satisfaction of the State Fire Marshal's Office.
12.	[16SFM-393-VN]  ELECTRICAL:  The Board hereby grants the Applicant a time variance of one (1) week from the date of the decision to comply with the provisions of RIFC section 11.1.1 by replacing all missing electrical receptacle protective covers, at the direction and to the satisfaction of the State Fire Marshal's Office.
13.	[16SFM-348-VN]  MINIMUM CONSTRUCTION:  The Board hereby grants the Applicant a variance from the provisions of RILSC sections 23.1.3.1 and 23.1.6.1 by allowing the continued occupancy of the building as presently constructed.  In consideration of the relief granted herein, the Board directs the Applicant to ensure that the holding cell or other detention area(s) of the facility are utilized only for the active processing of prisoners and in accordance with the lockup provisions of sections 39.2.11.2 and 23.4.5.1.3.  Any overnight or unattended detention of prisoners in this facility is expressly prohibited.

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).

Finally, the Board hereby authorizes the State Fire Marshals Office to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Blanket Variance  15-01A.

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 450-RICR-00-00-1.7.2(V)].
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 450-RICR-00-00-1.7.2(W)].  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 450-RICR-00-00-1.7.2(X)].
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 450-RICR-00-00-1.7.2(Y)].
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 section 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: FSC section 450-RICR-00-00-1.7.2(R)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].