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: Deputy State Fire Marshal David Pastore of the State Fire Marshals Office.
APPLICANT: Jeffrey Barone and David Quiroa.
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 Jeffrey Barone (authorized representative) of Cranston Senior Center, 1070 Cranston Street, Cranston, RI dated [undated].
3.	The Application was received by the Board and File  190148 was opened on October 1, 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 Muto and seconded by Commissioner Thornton 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  190148 and are pertinent to the decision rendered:

1.	Variance Application  190148 dated [undated] and filed on October 1, 2019.
a.	Letter of authorization for Jeffrey Barone from Daniel Parrillo dated September 10, 2019 .
2.	State Fire Marshals Office Inspection Report dated August 21, 2019.

EXHIBITS

The following documents were presented at the December 3, 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 numbers of the Decision below correspond with those of the August 21, 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 December 3, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the August 21, 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 with a basement level, classified as a multiple/mixed use (assembly, day care, mercantile and business) occupancy, consisting of approximately thirty-two thousand five hundred twenty-two (32,522) square feet (gross area) and originally built in 1990.
3.	The building is of Type III (200) construction, has an approved (with deficiencies) fire alarm system with emergency forces notification and is provided with an approved (with deficiencies) automatic sprinkler and standpipe system.
4.	The maximum occupant load of the facility has been calculated at 261/538 persons.
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.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.2.5.1.2 by allowing the existing common path of travel from the second floor game room (billiards room) to remain in use without modification based upon its limited use and occupant load.  In consideration of the relief granted herein, the Board directs the Applicant to post and limit the maximum occupant load of this room at fifty (50) persons, at the direction and to the satisfaction of the State Fire Marshal's Office.
2.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a time variance of six (6) months from the date of the decision to comply with the provisions of RILSC sections 17.3.4 and 9.6.2.9 by installing an approved total (complete) coverage fire alarm system in accordance with section 9.6 throughout the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	EXTINGUISHMENT: The Board hereby grants the Applicant a time variance of six (6) months from the date of the decision to comply with the provisions of RILSC sections 13.3.5.1 and 9.7.1.1(1) by installing an approved supervised automatic sprinkler system in accordance with section 9.7 throughout the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
4.	This violation has been withdrawn contingent upon the Applicant providing documentation supporting the construction requirement exception set forth in 13:8.15.1.2.18.  In the event that this exception cannot be substantiated, the Board hereby grants the Applicant the time variance outlined in item 3 above to comply, at the direction and to the satisfaction of the State Fire Marshal's Office.
5.	This deficiency will be corrected with the completion of item  3, above.
6.	This deficiency will be corrected with the completion of item  3, above.
7.	This deficiency will be corrected with the completion of item  3, above.
8.	FURNISHINGS AND DECORATIONS: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 13.7.4.1 by removing and replacing the dining room platform drapery, at the direction and to the satisfaction of the State Fire Marshals Office.
9.	This deficiency will be corrected with the completion of item  3, above.
10.	This deficiency will be corrected with the completion of item  2, above.
11.	This deficiency will be corrected with the completion of item  2, above.
12.	This deficiency will be corrected with the completion of item  2, above.
13.	This deficiency will be corrected with the completion of item  2, above.
14.	This deficiency will be corrected with the completion of item  2, above.
15.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.3.4.4.1 and NFPA 72 (2013 edition) section 17.7.3.2.3.1 by allowing the existing second floor smoke detector spacing of forty-two (42) feet to remain in use without modification based upon a structural hardship.  The Board notes that the cited thirty (30) foot spacing requirement cited has been amended to forty-one (41) foot, in accordance with 72:A.17.6.3.1.1(h).
16.	This deficiency will be corrected with the completion of item  2, above.
17.	This deficiency will be corrected with the completion of item  2, above.
18.	This deficiency has been corrected.
19.	This deficiency has been corrected.
20.	OPENING PROTECTIVES: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RIFC section 12.4.6.2.2 by providing an approved door to the stairwell off the dining room, at the direction and to the satisfaction of the State Fire Marshals Office.
21.	This deficiency will be corrected with the completion of item  2, above.
22.	PROTECTION FROM HAZARDS: This deficiency has been corrected (chock removed).  The Board notes that the Applicant may elect to provide an automatically closing door with a magnetic door hold-open release appliance in accordance with RILSC sections 8.4.3.5 and 7.2.1.8.2 and 72:21.8, at the direction and to the satisfaction of the State Fire Marshal's Office.
23.	PROTECTION FROM HAZARDS: This deficiency has been corrected (chock removed).  The Board notes that the Applicant may elect to provide an automatically closing door with a magnetic door hold-open release appliance in accordance with RILSC sections 8.4.3.5 and 7.2.1.8.2 and 72:21.8, at the direction and to the satisfaction of the State Fire Marshal's Office.
24.	This deficiency has been corrected.
25.	This deficiency will be corrected with the completion of item  3, above.
26.	This deficiency will be corrected with the completion of item  3, above.
27.	This deficiency has been corrected.
28.	This deficiency will be corrected with the completion of item  3, above.
29.	COMMERCIAL COOKING: The Board hereby grants the Applicant a time variance of two (2) weeks from the date of the decision to comply with the provisions of RIFC section 50.5.4 by providing documentation of semi-annual cleaning of the commercial cooking exhaust system, at the direction and to the satisfaction of the State Fire Marshals Office.
30.	INTERIOR FINISH: The Board hereby grants the Applicant a variance from the provisions of RILSC section 17.3.3.1 by allowing the existing movable walls in the day care operation to remain in use without modification based upon a structural hardship.  In granting this relief, the Board notes that the area is protected throughout by both a fire alarm system and an automatic sprinkler system.

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.
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)].