As indicated in the file, a hearing involving the above-captioned property was conducted by Zoom webinar on Tuesday, September 15, 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.

	Participating at the hearing were the following:
COMMISSIONERS: Vice-Chairman Blackburn and Commissioners Pearson, Walker, Booth, Thornton, and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal David Pastore of the State Fire Marshal's Office and Assistant Deputy State Fire Marshals Justin Lee and Patrick Hawkins of the Hope-Valley Wyoming Fire Marshals Office.
APPLICANT: Loren Andrews, Jr., Debra McBride and Jason DaPonte.
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 Loren Andrews, Jr. (authorized representative) of 1059 Main Street, Hope Valley, RI dated July 16, 2020.
3.	The Application was received by the Board and File  2020049 was opened on August 6, 2020.
4.	A hearing on the Application was conducted by Zoom webinar on September 15, 2020 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After consideration of the application, the testimony of the witnesses and of the entire record presented to the Board, and after carefully considering such information, a motion was made by Commissioner Thornton and seconded by Commissioner Pearson 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  2020049 and are pertinent to the decision rendered:

1.	Variance Application  2020049 dated July 16, 2020 and filed on August 6, 2020.
a.	Attached Plan of Action dated July 25, 2020
b.	Drawings (3 pages) dated [undated].
c.	Letter of authorization for Loren A. Andrews, Jr. from Pastor Christopher Northup of the First Baptist Church dated February 25, 2020.
d.	Email from Deb McBride to State Fire Marshal McLaughlin dated July 3, 2020 and response dated July 3, 2020.
e.	Prior State Fire Marshal's Office inspection reports dated August 28, 2019, July 25, 2018, July 13, 2017, June 29, 2016, June 29, 2015, June 11, 2014, May 21, 2013, July 16, 2012 and October 15, 2010.
2.	State Fire Marshals Office Inspection Report [June 22, 2020] dated July 8, 2020.
3.	Scheduling email to DSFM David Pastore and Loren Andrews, Jr. dated August 19, 2020.
4.	Zoom webinar invitation  93481777945 dated September 4, 2020.
5.	Letter to the Board from ADSFM Patrick Hawkins of the Hope Valley-Wyoming Fire District dated September 10, 2020.

EXHIBITS

The following documents were presented at the September 15, 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 July 8, 2020 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 September 15, 2020 hearing on this matter.  Accordingly, the Board hereby incorporates the July 8, 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 2-story above grade building with a basement level, classified as a multiple/separated occupancy (assembly/place of worship and day care), consisting of approximately fourteen thousand five hundred sixty (14,560) square feet (gross area) and originally built in 1900.
a.	The Board acknowledges that there are several prior inspections of this facility conducted under RILSC Chapter 15 (existing educational occupancies), however the Board recognizes and accepts the instant appeal of the June 22, 2020 inspection conducted under RILSC Chapter 17 (existing day care occupancies).  In making this determination, the Board relies on the testimony of DSFM Pastore that all deficiencies listed in the current report pursuant to Chapter 17 are identical to the requirements set forth in Chapter 15.
b.	Based upon the testimony of DSFM Pastore the Board further finds that the Owner/Applicant was afforded the option of having the entire building inspected as multiple/mixed occupancy or multiple/separated occupancy, and selected the latter.
c.	Finally, the Board further finds that the instant inspection report and appeal is limited to the day care facility only [hereinafter the facility] and does not address any other portion of the building classified as an assembly occupancy/place of worship.
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.	Hard-wired combination smoke alarms and carbon monoxide (CO) alarms are provided in the buildings day care occupancy.
5.	The facility has been licensed by RIDHS for twenty-six (26) clients.
6.	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.	MEANS OF EGRESS: The Board hereby grants the Applicant a time variance of one (1) year from the date of the decision to comply with the provisions of RILSC section 17.2.11 by providing an approved window for rescue in Classroom C, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	MEANS OF EGRESS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 17.2.1 and 7.2.2.5.3.2(1) by providing the storage closet located below the second floor stairs with approved fire resistance separation, at the direction and to the satisfaction of the State Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to remove all storage from this space until such time that compliance is attained.
3.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 17.3.4.1 and 9.6.2.9 and NFPA 72 (2013 edition) section Table 14.4.3.2 by testing or replacing all fixed-temperature, nonrestorable spot type heat detectors in the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
4.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 17.3.4.1 and 9.6.2.9 by providing system smoke detection in the main corridor of the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 17.3.4.1 and 9.6.2.9 by providing system smoke detection in the first floor stairwell landing of the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
6.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 17.3.4.1 and 9.6.2.9 and NFPA 72 (2013 edition) section 17.14.8.4 by providing a manual fire alarm box within five (5) feet of the main entrance door, at the direction and to the satisfaction of the State Fire Marshals Office.
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 sections 17.3.4.1 and 9.6.2.9 and NFPA 72 (2013 edition) section 17.14.5 by providing manual fire alarm boxes located at a height of forty-two (42) to forty-eight (48) inches from the finished floor, at the direction and to the satisfaction of the State Fire Marshals Office.
8.	INTERIOR FINISH: The Board hereby grants the Applicant the time variance as set forth in item 1 above to comply with the provisions of RILSC section 13.3.3.3 by treating all wood paneling in the assembly room with an approved fire-retardant coating (intumescent paint) to obtain a minimum Class B rating, at the direction and to the satisfaction of the State Fire Marshals Office.
9.	OPENING PROTECTIVES: The Board hereby grants the Applicant a time variance until the end of the 2020 December (Christmas) holiday break to comply with the provisions of RILSC sections 17.3.6 and 8.3.3 by providing approved classroom doors in the egress system of this facility that are self-closing and self-latching, at the direction and to the satisfaction of the State Fire Marshal's Office.
10.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance as set forth in item 1 above to comply with the provisions of RILSC sections 17.3.6 and 8.3.3 by providing approved assembly room doors in the egress system of this facility, at the direction and to the satisfaction of the State Fire Marshal's Office.
11.	OPENING PROTECTIVES: The Board hereby grants the Applicant the time variance as set forth in item 9 above to comply with the provisions of RILSC sections 17.2.1, 7.1.3.2.1, 8.2.2.2 and 8.3.3.1 by providing an approved first floor corridor rear stairwell door in the egress system of this facility, at the direction and to the satisfaction of the State Fire Marshal's Office.
12.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance outlined in item 9 above to comply with the provisions of RILSC section 17.3.2.1 by protecting the boiler room with an approved 1-hour rated separation, at the direction and to the satisfaction of the State Fire Marshals Office.
13.	MULTIPLE OCCUPANCIES: The Board hereby grants the Applicant the time variance as set forth in item 1 above to comply with the provisions of RILSC sections 17.1.3.1 and 6.1.14.4 by providing an approved 2-hour rated separation between the day care occupancy and all other occupancies, at the direction and to the satisfaction of the State Fire Marshals Office.  In consideration of the compliance with other deficiencies within this facility, the Board hereby grants a variance from the provisions of RILSC section 17.3.6(3) to allow the existing sheetrock ceiling assemblies currently in place to remain without modification.
14.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 17.3.4.1 and 9.6.9.9 by providing the fire alarm system power circuit disconnecting means with approved identification markings and an approved breaker lock, at the direction and to the satisfaction of the State 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).

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)].