As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, December 3, 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, Walker, Thornton and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Randall Watt of the Little Compton Fire Marshals Office.
APPLICANT: Carol Wordell.
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 Carol Wordell (authorized representative) of Town of Little Compton, RI, PO Box 226, Little Compton, RI dated September 4, 2019.
3.	The Application was received by the Board and File  190143 was opened on September 13, 2019.
4.	A hearing on the Application was conducted on December 3, 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 Thornton and seconded by Commissioner Walker 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  190143 and are pertinent to the decision rendered:

1.	Variance Application  190143 dated September 4, 2019 and filed on September 13, 2019.
a.	Attached Plan of Action (Curtains Without Borders, Inc.) dated [undated].
b.	Letter of authorization for Carol Wordell from Town Council President Robert Mushen dated September 13, 2019 .
2.	Little Compton Fire Marshals Office Inspection Report dated September 4, 2019.
3.	Applicants request for continuance dated September 26, 2019.
4.	Reschedule Notice dated September 27, 2019.

EXHIBITS

The following documents were presented at the December 3, 2019 hearing as exhibits:

1.	AHJs  1  photograph [undated].

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 September 4, 2019 inspection report compiled by the Little Compton Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Little Compton Fire Marshals Office during the December 3, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the September 4, 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 multiple/mixed use (assembly and day care) occupancy, consisting of approximately nine thousand five hundred forty-two (9,542) square feet (gross area) and originally built in 1920.
3.	The building is of Type V (000) construction, has a compliant fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
4.	The day care operation of the facility has been licensed by RIDCYF at twenty-six (26) persons.
5.	There is no objection by the Little Compton 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.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 10.3.1 and NFPA 701, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films (2010 edition) by allowing the existing antique stage curtain (circa 1930s) to remain in use without modification based upon historical significance.  In consideration of the relief granted herein, the Board directs the Applicant to adopt and implement the following safeguards and alternate protection measures, as set forth in and NFPA 909, Code for the Protection of Cultural Resource Properties  Museums, Libraries, and Places of Worship (2013 edition) section 11.2.4, at the direction and to the satisfaction of the Little Compton Fire Marshal's Office:
a.	The open display of this curtain shall be limited to twice a year for special showings and events  the curtain shall be rolled up and stored in an approved container located over the stage when not is use;
b.	A prohibition of open flames (i.e. candles, lamps, and smoking);
c.	Avoiding the use of heat producing appliances such as food and beverage preparation equipment within the rooms;
d.	Adding a fire watch (uniformed firefighter detail) in accordance with RILSC section 13.7.6.10 when required by the Little Compton Fire Marshals Office; and,
e.	Replacement of all light bulbs on stage with cool burning lamps such as fluorescent or LED, with no lights, electrical devices or cables located within 1 meter (36 in.) of the historical artifact (curtain).
f.	In addition, any display of the curtain in a location other than the current location (over the stage) shall be approved by the Little Compton Fire Marshals 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).

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)].