As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, August 20, 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 Walker, Booth, Thornton, and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Robbie Lopez of the State Fire Marshals Office.
APPLICANT: Mary Ann Shallcross Smith and Ronald Smith.
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 Mary Ann Shallcross Smith (authorized representative) of Dr. Day Care Inc., 1201 Douglas Pike, Smithfield, RI dated May 7, 2019.
3.	The Application was received by the Board and File  190073 was opened on May 29, 2019.
4.	The matter was initially before the Board on July 16, 2019 at which time it was reassigned until August 20, 2019 for the Applicant to appear with a revised plan of action.
5.	A hearing on the Application was conducted on August 20, 2019 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Walker and seconded by Commissioner Thornton to approve the Applicants plan of action 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  190073 and are pertinent to the decision rendered:

1.	Variance Application  190073 dated May 7, 2019 and filed on May 29, 2019.
a.	Letter of authorization for Mary Ann Shallcross Smith from William Crausman dated May 23, 2019.
2.	State Fire Marshals Office Inspection Report dated April 23, 2019.
3.	Reschedule Notice dated June 4, 2019.
4.	Applicants initial plan of action dated July 16, 2019.
5.	Reschedule Notice dated July 19, 2019.
6.	Applicants revised plan of action dated August 16, 2019.
7.	E-mail chain between Applicant and AHJ [7/11/19  8/7/19].

EXHIBITS

The following documents were presented at the August 20, 2019 hearing as exhibits:

1.	Evacuation Routes floor plan (3 pages).

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 23, 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 July 16, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the April 23, 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 without a basement level, classified as a day care occupancy, consisting of approximately eight thousand five hundred thirty-six (8,536) square feet (gross area) and originally built in 1988.
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.	The facility has been licensed by DCYF at eighty-four (84) persons.
5.	The Board finds that with the removal of all day care clients from the second floor ( 25) and removal of all griddles ( 26), all violations have been corrected and the facility is in compliance.
6.	There is no objection by the State Fire Marshals Office to the Applicants plan of action.

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.	This deficiency has been corrected.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
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 has been corrected.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	This deficiency has been corrected.
13.	This deficiency has been corrected.
14.	This deficiency has been corrected.
15.	This deficiency has been corrected.
16.	This deficiency has been corrected.
17.	This deficiency has been corrected.
18.	This deficiency has been corrected.
19.	This deficiency has been corrected.
20.	This deficiency has been corrected.
21.	This deficiency has been corrected.
22.	This deficiency has been corrected.
23.	This deficiency has been corrected.
24.	This deficiency has been corrected.
25.	This deficiency has been corrected.
26.	This deficiency has been corrected.

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)].