As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 25, 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, Booth & Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal David Pastore of the State Fire Marshals Office.
APPLICANT: William Estrella.
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 Rocco Gesualdi (owner) of Generations, 267 Jenckes Hill Road, Smithfield, RI dated May 13, 2019.
3.	The Application was received by the Board and File  190076 was opened on June 12, 2019.
4.	A hearing on the Application was conducted on June 25, 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 Blackburn and seconded by Commissioner Davison to grant the Applicant the 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  190076 and are pertinent to the decision rendered:

1.	Variance Application  190076 dated May 13, 2019 and filed on June 12, 2019.
a.	Attached Plan of Action dated April 19, 2019
b.	Letter of authorization for William Estrella from Rocco Gesualdi dated June 21, 2019 .
2.	State Fire Marshals Office Inspection Report dated April 24, 2019.

EXHIBITS

The following documents were presented at the June 25, 2019 hearing as exhibits:

1.	Applicants Ref  29657 Inspection Violation Remediation Plan.

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 April 24, 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 June 25, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the April 24, 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 1-story above grade building without a basement level, classified as a day care (adult) occupancy, consisting of approximately thirty thousand eleven (30,011) square feet (gross area) and originally built in 1966.
3.	The building is of Type III (200) construction, has an approved (with deficiencies) fire alarm system and is provided with an approved (with deficiencies) automatic sprinkler system.
4.	The maximum occupant load of the facility has been licensed at two hundred (200) clients.
5.	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

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.	EXTINGUISHMENT: The Board hereby grants the Applicant a time variance of one hundred fifty (150) days from the date of the decision to comply with the provisions of RIFC section 13.3 by installing an approved automatic sprinkler system in accordance with NFPA 13 throughout the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	This deficiency has been corrected.
3.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 17.3.4.5 and 17.3.4.5.1 by providing this facility with approved smoke detection in accordance with section 9.6.2.9, at the direction and to the satisfaction of the State Fire Marshal's Office.
4.	This deficiency will be corrected with the completion of item  1, above.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.
9.	This deficiency will be corrected with the completion of item  1, above.
10.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 17.5.2.1 and 9.2.4.5 by providing documentation of the required HVAC system / fire alarm system interface, at the direction and to the satisfaction of the State Fire Marshal's Office.
11.	COMMERCIAL COOKING EQUIPMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 50.1.1 and NFPA 96 section 6.2.4.3 by providing an approved grease drip tray metal container, at the direction and to the satisfaction of the State Fire Marshal's Office.
12.	This deficiency has been corrected.
13.	COMMERCIAL COOKING EQUIPMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 50.1.1 and NFPA 96 section 10.4.1 by providing documentation of the required automatic fuel shut-off, 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.
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)].