As indicated in the file, a hearing involving the above-captioned property was conducted on March 19, 2019 before a subcommittee of the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5 and Board Rule & Regulation 450-RICR-00-00-1.7.2.
	In attendance at the subcommittee hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Filippi and ODonnell.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Kenneth Botelho of the East Providence Fire Marshals Office.
APPLICANT: Joan Klein.

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 Joan Klein (authorized representative) of Haven United Methodist Church, 200 Taunton Avenue, East Providence, RI dated February 26, 2019.
3.	The Application was received by the Board and File  190025 was opened on March 5, 2019.
4.	A hearing on the Application was conducted on March 19, 2019 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner ODonnell and seconded by Commissioner Filippi to recommend granting the Applicant relief as outlined herein.  The motion passed on a 3 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on March 26, 2019 at which time Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Pearson, Sylvester & Thornton were in attendance.  At that time a motion was made by Commissioner Sylvester and seconded by Commissioner Thornton to accept the subcommittee recommendations and grant the Applicant 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  190025 and are pertinent to the decision rendered:

1.	Variance Application  190025 dated February 26, 2019 and filed on March 5, 2019.
2.	East Providence Fire Marshals Office Inspection Report dated January 16, 2019.

EXHIBITS

The following documents were presented at the March 19, 2019 hearing as exhibits:

1.	None.

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 January 16, 2019 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the March 19, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the January 16, 2019 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 above grade building with a basement level, classified as an assembly (place of worship) occupancy, consisting of approximately twenty-four thousand one hundred three (24,103) square feet (gross area) and originally built in 1920.
3.	The building is of Type III (200) 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 East Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

References to NFPA shall mean the National Fire Protection Association; references to the Rhode Island Fire Code [RIFC] shall mean NFPA 1, (2015 edition) as incorporated by reference and amended by 450-RICR-00-00-7; and, references to the Rhode Island Life Safety Code [RILSC] shall mean NFPA 101, (2015 edition) as incorporated by reference and amended by 450-RICR-00-00-8.

1.	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 13.1.8.1(1) 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 East Providence Fire Marshals Office.
2.	This deficiency has been corrected.
3.	EGRESS MARKING: 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 RILSC section 13.1.8.1(4) by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	PORTABLE FIRE EXTINGUISHERS: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of RILSC section 13.1.8.1(12) by providing this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
7.	This deficiency will be corrected with the completion of item  6, above.
8.	EMERGENCY LIGHTING: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of RILSC section 13.1.8.1(3) by providing this facility with approved emergency lighting in accordance with section 7.9, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 13.1.8.1(8) by modifying the railing of the rear stairway to minimize any obstruction to egress, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.
12.	This deficiency has been corrected.
13.	This deficiency has been corrected.
14.	EGRESS: The Board hereby grants the Applicant thirty (30) days from the date of the decision to comply with the provisions of RILSC section 13.1.8.1(8) by modifying the floor surface at the front gymnasium entrance to facilitate unimpeded door swing, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.
15.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.1.8.1(8) by allowing the existing stairs at the front of the gymnasium to remain in use without modification based upon a structural hardship.
16.	This deficiency will be corrected with the completion of item  6, above.
17.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 13.1.8.1(8) by installing panic hardware on the gymnasium exit doors, at the direction and to the satisfaction of the East Providence Fire Marshal's Office.
18.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant sixty (60) days from the date of the decision to comply with the provisions of RILSC section 13.1.8.1(11) by providing approved fire-rated separation to the boiler room or protecting any furnace or boiler with a domestically-supplied sprinkler head(s) installed in accordance with RILSC section 9.7.1.2, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
19.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 13.1.8.1(8) by removing all integral locks from the gymnasium exit doors, at the direction and to the satisfaction of the East Providence Fire Marshal's 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).

Finally, the Board hereby authorizes the East Providence 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 450-RICR-00-00-1.7.2(X).

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)].