As indicated in the file, a hearing involving the above-captioned property was conducted by Zoom webinar on Tuesday, July 14, 2020 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 and Executive Order  20-53 and all prior Orders.

	Participating at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Walker, Booth, Thornton, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal John Chevalier of the Hope-Jackson Fire Company & Potterville Fire Department Fire Marshals Office.
APPLICANT: Matthew Bobola and Robert Corrente.
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 Matthew Bobola (authorized representative) of Scituate School Department, 3 George Washington Highway, Clayville, RI dated [undated].
3.	The Application was received by the Board and File  2020022 was opened on April 7, 2020.
4.	The matter was initially set down to be heard on June 23, 2020 and was subsequently cancelled due to network failure at the Boards headquarters.
5.	A hearing on the Application was conducted by Zoom webinar on July 14, 2020 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 Thornton and seconded by Commissioner Walker to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2020022 and are pertinent to the decision rendered:

1.	Variance Application  2020022 dated [undated] and filed on April 7, 2020.
a.	Letter of authorization for Matthew Bobola and Robert Corrente from Superintendent of Schools Carol Blanchette dated March 26, 2020.
2.	Hope-Jackson Fire Company Fire Marshals Office Inspection Report dated March 12, 2020.
3.	Zoom webinar invitation  95789078597 dated July 7, 2020 - RESCINDED.
4.	Zoom webinar invitation  93267266570 dated July 13, 2020.

EXHIBITS

The following documents were presented at the July 14, 2020 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 March 12, 2020 inspection report compiled by the Hope-Jackson Fire Company Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Hope-Jackson Fire Company Fire Marshals Office during the July 14, 2020 hearing on this matter.  Accordingly, the Board hereby incorporates the March 12, 2020 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 with a basement level, classified as an educational occupancy (elementary school), consisting of approximately fifty-nine thousand two hundred thirteen (59,213) square feet (gross area) and originally built in 1933, with an addition in 1999.
3.	The building is of Type V (000) and Type II (110) construction, has a compliant fire alarm system with emergency forces notification and is provided with a partial domestically-supplied automatic sprinkler system.
4.	There is no objection by the Hope-Jackson Fire Company 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.	CONSTRUCTION SEPARATION: The Board hereby grants the Applicant a time variance until the commencement of the 2020 school season to comply with the provisions of RILSC section 15.3.5.2 by sealing or repairing all basement ceiling penetrations, at the direction and to the satisfaction of the Hope-Jackson Fire Company Fire Marshals Office.
2.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 10.18.5.1 by removing all combustible materials stored in the basement, at the direction and to the satisfaction of the Hope-Jackson Fire Company Fire Marshals Office.
3.	This deficiency has been corrected.
4.	INTERIOR FINISH: The Board hereby grants the Applicant a time variance until the commencement of the 2021 school season to comply with the provisions of RIFC section 12.5.5.3 by removing all unapproved foam insulation from the basement ceiling, at the direction and to the satisfaction of the Hope-Jackson Fire Company Fire Marshals Office.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 15.3.4.5.1 by providing an approved total (complete) coverage fire alarm system throughout the facility, at the direction and to the satisfaction of the Hope-Jackson Fire Company Fire Marshals Office.
8.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 15.2.5.2 and 15.2.5.3.2 by bringing the egress corridor and door in the northwest corner of the original building into compliance, at the direction and to the satisfaction of the Hope-Jackson Fire Company Fire Marshals Office.
9.	This deficiency will be corrected with the completion of item  7, above.
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.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC section 15.2.11.1.2(3) by providing approved smoke compartments and smoke partitions for classrooms  1 through 7, at the direction and to the satisfaction of the Hope-Jackson Fire Company Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to provide the AHJ with a plan of action for review prior to the commencement of the 2020 school season.
16.	EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.2.1.6.2(3)(c) by bringing the electronic lock in the main corridor exit into compliance, at the direction and to the satisfaction of the Hope-Jackson Fire Company Fire Marshals Office.
17.	INTERIOR FINISH: The Board hereby grants the Applicant the time variance outlined in item 4 above to comply with the provisions of RILSC sections 15.3.3.2 and  10.2.3.4.3 by removing or replacing the wall-mounted mats in the gym, at the direction and to the satisfaction of the Hope-Jackson Fire Company Fire Marshals Office.
18.	This deficiency has been corrected.

In consideration of the relief granted herein, the Board directs the Applicant to provide the AHJ with a copy of the Scituate School Departments Capital Improvement Plan & Budget, as it applies to this facility, as soon as it is available.

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 Hope-Jackson Fire Company 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)].