As indicated in the file, a hearing involving the above-captioned properties was conducted on Tuesday, April 16, 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 and Commissioners Pearson, Sylvester, Booth, Davison and ODonnell.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Gordon Walsh and Greg Pariseault of the North Kingstown Fire Marshals Office.
APPLICANT: Rev. Dr. Tom Wiles and Matt Black.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	These are Applications 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 Applications were filed by Rev. Dr. Tom Wiles (authorized representative) of American Baptist Churches of RI, 54 Exeter Road, Exeter, RI dated March 18, 2019.
3.	The Applications were received by the Board and File  190038, 190039 & 190040 were opened on March 25, 2019.
4.	A hearing on the Applications was conducted on April 16, 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 Sylvester to grant the Applicant the relief as outlined herein on Appeal  190038 and 190040.  The motion passed on a 6 to 0 vote.  A second motion was made by Commissioner Pearson and seconded by Commissioner ODonnell to grant the Applicant the relief as outlined herein on Appeal  190039.  The motion passed on a 6 to 0 vote

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190038, 190039 & 190040 and are pertinent to the decision rendered:

1.	Variance Application  190038, 190039 & 190040 dated March 18, 2019 and filed on March 25, 2019.
a.	Letter of authorization for Rev. Nikita McCalister and Matt Black from Rev. Dr. Tom Wiles dated [undated] 
2.	North Kingstown Fire Marshals Office Inspection Reports dated February 4, 2019 [190038 & 190040] and February 6, 2019 [190039].

EXHIBITS

The following documents were presented at the April 16, 2019 hearing as exhibits:

1.	AHJ photographs (23).

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 Findings of Fact:

1.	The numbers of the Decision below correspond with those of the February 4, 2019 and February 6, 2019 inspection reports compiled by the North Kingstown Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the April 16, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the February 4, 2019 and February 6, 2019 inspection reports 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.	190038		586 Exeter Road
a.	The building is an existing 2-story above grade building with a basement level, classified as a hotel / dormitory occupancy, consisting of approximately two thousand one hundred ninety (2,190) square feet (gross area) and originally built in 1985.
b.	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.
c.	This building is operated year-round and has sleeping accommodations for eighteen (18) persons.
3.	190039		584 Exeter Road
a.	The building is an existing 1-story above grade building without a basement level, classified as a lodging or rooming house occupancy, consisting of approximately one thousand two hundred (1,200) square feet (gross area) and originally built in 1985.
b.	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.
c.	This building is known as the health lodge and is operated seasonally for approximately nine (9) weeks commencing in mid-June of each year.  Sleeping accommodations are provided for one (1) health care staff member and up to two (2) transient campers (limited to one-night stay only).  There is no heating source in this building.
4.	190040		588 Exeter Road
a.	The building is an existing 2-story above grade building with a basement level, classified as a hotel / dormitory occupancy, consisting of approximately two thousand two hundred ninety-four (2,294) square feet (gross area) and originally built in 1985.
b.	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.
c.	This building is operated year-round and has sleeping accommodations for eighteen (18) persons.
5.	All three of the above buildings are located on the campus of the Canonicus Camp & Conference Center and are operated as a single enterprise.
6.	There is no objection by the North Kingstown 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.

190038  586 Exeter Road

1.	OPENING PROTECTIVES: 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 29.3.6.2 by developing and submitting a plan of action for the installation of doors with not less than a 20-minute fire protection rating in the egress system (corridor) of this 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 North Kingstown Fire Marshals Office.
2.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 29.3.2.2.2 by 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 North Kingstown Fire Marshals Office.
3.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 29.3.6.2.3 by providing the doors in the egress system of this facility with approved self-closing and latching devices, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
4.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.2.11 by providing approved fire alarm system smoke detectors, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
5.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.1.8.1 by providing an approved fire alarm system smoke detector at the fire alarm control unit, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
6.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 29.3.4.4.1 by providing approved fire alarm system heat detectors in each sleeping room, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
7.	This deficiency has been corrected.
8.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 29.3.4.6.5 by providing this facility with an approved carbon monoxide (CO) alarm in accordance with section 9.8, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
9.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.10.5.1 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
10.	This deficiency has been corrected.
11.	INTERIOR FINISH: The Board hereby grants the Applicant a variance from the provisions of RILSC section 29.3.3.2 by allowing the existing ceiling to remain in use without modification based upon a structural hardship.

190039  584 Exeter Road

1.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a variance from the provisions of RILSC section 26.3.4.1.1 by allowing the omission of a fire alarm system based upon the limited seasonal use of the building (9 weeks), the limited occupant load (no more than 3) and the limited size of the facility (912 sq. ft.).
2.	SMOKE ALARMS: The Board hereby grants the Applicant a time until the facility is opened for the current operating season to comply with the provisions of RILSC section 26.3.4.5.1 by installing hardwired interconnected smoke alarms in the hall and sleeping rooms of this facility; the exam room, if determined necessary by the AHJ; and, heat detection in the basement/crawlspace, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to have each smoke alarm cleaned and tested for functionality at the beginning of each operating season.
3.	This violation has been withdrawn as there are no fuel-burning appliances in the facility.
4.	OPENING PROTECTIVES: The Board hereby grants the Applicant a variance from the provisions of RILSC section 26.3.5.7 by allowing the omission of self-closing devices on the two sleeping room doors based upon the need for staff observation of any transient occupants.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.

190040  588 Exeter Road

1.	OPENING PROTECTIVES: 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 29.3.6.2 by developing and submitting a plan of action for the installation of doors with not less than a 20-minute fire protection rating in the egress system (corridor) of this 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 North Kingstown Fire Marshals Office.
2.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 29.3.2.2.2 by 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 North Kingstown Fire Marshals Office.
3.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 29.3.6.2.3 by providing the doors in the egress system of this facility with approved self-closing and latching devices, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
4.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.2.11 by providing approved fire alarm system smoke detectors, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
5.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.6.1.8.1 by providing an approved fire alarm system smoke detector at the fire alarm control unit, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
6.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 29.3.4.4.1 by providing approved fire alarm system heat detectors in each sleeping room, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
7.	This deficiency has been corrected.
8.	CARBON MONOXIDE ALARMS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 29.3.4.6.5 by providing this facility with an approved carbon monoxide (CO) alarm in accordance with section 9.8, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.
9.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.10.5.1 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
10.	This deficiency has been corrected.
11.	INTERIOR FINISH: The Board hereby grants the Applicant a variance from the provisions of RILSC section 29.3.3.2 by allowing the existing ceiling to remain in use without modification based upon a structural hardship.

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 North Kingstown 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)].