As indicated in the file, a hearing involving the above-captioned property was scheduled for Tuesday, September 10, 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 Pearson, Booth, Thornton, Davison and Muto.
AUTHORITY HAVING JURISDICTION: None.
APPLICANT: None.
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 Donald M Havener (authorized representative) of Cosentini, 100 Federal Street  Suite 600, Boston, MA dated July 16, 2019.
3.	The Application was received by the Board and File  190116 was opened on July 17, 2019.
4.	The matter was initially scheduled to appear for hearing on August 6, 2019 at which time it was reassigned until September 10, 2019 at the Applicants request.
5.	On Friday, September 6, 2019 the Board received notice from the Applicant that the request for variance has been withdrawn and relief is no longer required due to a design change.
6.	A hearing on the Application was scheduled on September 10, 2019 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	At the hearing, a motion was made by Commissioner Davison and seconded by Commissioners Booth and Thornton to close the file.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190116 and are pertinent to the decision rendered:

1.	Variance Application  190116 dated July 16, 2019 and filed on July 17, 2019.
a.	Attached Plan of Action dated July 8, 2019
b.	Letter of authorization for Ai3 Architects and Cosentini Associates from Sandra Forand of the East Providence School Department dated July 8, 2019 .
2.	East Providence Fire Marshals Office Plan Review Report dated June 27, 2019.
3.	Reschedule Notice dated August 7, 2019.
4.	Applicants request to withdraw the application and close the file dated September 6, 2019.
5.	Email to the Board from Captain Botelho of the East Providence Fire Marshals Office dated September 6, 2019.

EXHIBITS

The following documents were presented at the September 10, 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 Findings of Fact:

1.	The Decision below corresponds with the June 27, 2019 plan review report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the September 10, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the June 27, 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 a proposed 4-story above grade building without a basement level, classified as an educational occupancy, consisting of approximately three hundred five thousand (305,000) square feet (gross area) and originally built in 2019.
3.	The building will be of Type I (332) construction, will have a compliant fire alarm system and will not be provided with an approved automatic sprinkler system.

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.	The request for relief has been withdrawn and the file is closed without Board action.

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)].