As indicated in the file, a hearing involving the above-captioned property was conducted on May 7, 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, Pearson and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal John Horan of the North Providence Fire Marshals Office.
APPLICANT: Mayor Charles Lombardi, Martin Dow and William Mayer.

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 Mayor Charles Lombardi ( authorized representative) of Town of North Providence, 2000 Smith Street North Providence, RI dated May 1, 2019.
3.	The Application was received by the Board and File  190067 was opened on May 2, 2019.
4.	A hearing on the Application was conducted on May 7, 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 Pearson and seconded by Commissioner Thornton to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on May 14, 2019 at which time Chairman Newbrook and Commissioners Filippi, Pearson, Sylvester, Booth and 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 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190067 and are pertinent to the decision rendered:

1.	Variance Application  190067 dated May 1, 2019 and filed on May 2, 2019.
a.	Attached Plan of Action dated April 24, 2019
2.	North Providence Fire Marshals Office Inspection Report dated March 25, 2019.
3.	Request for expedited hearing from North Providence Fire Marshals Office dated May 2, 2019.

EXHIBITS

The following documents were presented at the mmddyy 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 Findings of Fact:

1.	The Decision below corresponds with the March 25, 2019 plan review report compiled by the North Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the mmddyy hearing on this matter.  Accordingly, the Board hereby incorporates the March 25, 2019 plan review 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 an educational occupancy, consisting of approximately three hundred eight thousand seven hundred twenty (308,720) square feet (gross area) and originally built in 1969.
3.	The building is of ordinary construction, has an approved (with deficiencies) fire alarm system and is provided with an approved (partial) automatic sprinkler system.
4.	The Board finds through the testimony of the Applicant and the AHJ that there is a very limited amount of combustible materials (data cabling) located in the applicable above-ceiling interstitial spaces, which is approximately twenty-eight (28) inches in height.
5.	There is no objection by the North 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 hereby grants the Applicant a variance from the provisions of RILSC sections 15.3.4.4.1 and 9.6.2.9 by allowing the omission of above-ceiling heat detection in selected areas of the facility based upon a structural hardship associated with asbestos containment protocols.  In consideration of the relief granted herein, the Board sets the following conditions:
a.	The omission of above-ceiling fire alarm detection (or automatic sprinkler protection) is limited to those areas of the facility subject to asbestos containment;
b.	No further combustible materials shall be added to or installed in these spaces; and,
c.	Should the asbestos containment requirements be lifted in the future due to encapsulation, removal or other conditions or circumstances, these spaces shall be brought into compliance.

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 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)].