As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, April 9, 2019 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, Sylvester, Booth and ODonnell.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Kaitlyn Iannone of the State Fire Marshals Office and Barrington Fire Chief Gerald Bessette.
APPLICANT: Carl Salvo.
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 Carl Salvo (owner) of 7 Circle Drive, Middletown, RI dated [undated].
3.	The Application was received by the Board and File  190037 was opened on March 25, 2019.
4.	A hearing on the Application was conducted on April 9, 2019 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 Pearson and seconded by Commissioner ODonnell to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190037 and are pertinent to the decision rendered:

1.	Variance Application  190037 dated [undated] and filed on March 25, 2019.
a.	Attached Plan of Action dated FEB 2019.
2.	State Fire Marshals Office Inspection Report dated February 22, 2019.

EXHIBITS

The following documents were presented at the April 9, 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 February 22, 2019 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 April 9, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the February 22, 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 3-story above grade building with a basement level, classified as a multiple/mixed use (day care and business) occupancy, consisting of approximately four thousand five hundred sixty-seven (4,567) square feet (gross area) and originally built in 1900.
3.	The building is of Type V (000) construction, has an approved (with deficiencies) fire alarm system and is not provided with an approved automatic sprinkler system.
4.	Hard-wired / battery operated smoke alarms and carbon monoxide (CO) alarms are provided in the day care facility.
5.	The maximum occupant load of the day care facility has been licensed at twenty-eight (28) persons.
6.	There is no objection by the State Fire Marshals Office or the Barrington Fire Department 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 hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC sections 17.3.4.1 and 17.3.4.5 by developing and submitting a plan of action for the installation of an approved total (complete) coverage fire alarm system with emergency forces notification 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.
2.	This deficiency will be corrected with the completion of item  1, above.
3.	This violation is withdrawn.  It is the understanding of the Board through testimony of the Applicant that no day care operations are licensed nor occur on the second floor and that occupancy of this level is limited to staff and occasional visiting parents.
4.	EGRESS MARKING: The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC section 17.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC sections 17.3.4.1 and 9.6.9.9 by providing this facility with approved fire alarm power circuit identification and disconnecting mean protection, at the direction and to the satisfaction of the State Fire Marshals Office.
6.	EMERGENCY LIGHTING: The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC section 17.2.9 by providing this facility with approved emergency lighting in accordance with section 7.9, at the direction and to the satisfaction of the State Fire Marshals Office.
7.	PORTABLE FIRE EXTINGUISHERS: The Board hereby grants the Applicant fourteen (14) days from the date of the decision to comply with the provisions of RIFC section 13.6.9.3 by providing this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the State Fire Marshals Office.
8.	This deficiency has been corrected.
9.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 17.2.4 by allowing the existing single means of egress from the third floor to remain in use without modification based upon a structural hardship.  It is the understanding of the Board that this level is no longer used is a residential use and is comprised of offices only.
10.	COMMERCIAL COOKING:  The Board hereby grants the Applicant a variance from the provisions of RIFC sections 50.2 and 50.4 by allowing the existing residential cooking stove and exhaust fan to remain in use without modification.  It is the understanding of the Board through testimony of the Applicant that the typical hours of cooking operation are from 9:30 AM to 11:30 AM; that cooking operations are limited to warming, heating and boiling; and, there are no smoke or grease-laden vapors created.
11.	This violation is withdrawn.  It is the understanding of the Board through testimony of the Applicant that there is no longer any residential use of the facility.
12.	This violation is withdrawn.  It is the understanding of the Board through testimony of the Applicant that there is no longer any residential use of the facility.
13.	This violation is withdrawn.  It is the understanding of the Board through testimony of the Applicant that there is no longer any residential use of the facility.
14.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 17.2.1 and 7.2.1.5 by allowing the existing lock on the second floor egress door to remain in use without modification.  In consideration of the relief granted herein, the Board directs the Applicant to develop and implement a written policy and to install approved signage indicating that this door shall remain unlocked during all hours of operation, at the direction and to the satisfaction of the State Fire Marshal's Office.
15.	This deficiency has been corrected.
16.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 17.2.1.3.3 by allowing the existing 1-1/8 threshold of the door at the top of the stairs to remain in use without modification.  In consideration of the relief granted herein, the Board directs the Applicant to install approved cautionary markings, at the direction and to the satisfaction of the State 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 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 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)].