As indicated in the file, a hearing involving the above-captioned property was conducted by Zoom webinar on Tuesday, November 17, 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: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Pearson, Booth, Thornton, Davison, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Christopher Hiener, Dennis Bernier and Bruce Rice of the Union Fire District Fire Marshals Office.  Also participating in the hearing were State Fire Marshal Timothy McLaughlin and Chief Deputy State Fire Marshal James Gumbley.
APPLICANT: David Estes and Donna Nardone.
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 David Estes (authorized representative) of The Prout School, 4640 Tower Hill Road, Wakefield, RI dated September 3, 2020.
3.	The Application was received by the Board and File  2020068 was opened on September 15, 2020.
4.	A hearing on the Application was conducted by Zoom webinar on November 17, 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 Vice-Chairman Blackburn and seconded by Commissioners Thornton and Booth to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 2 vote with Commissioners Pearson and Muto voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2020068 and are pertinent to the decision rendered:

1.	Variance Application  2020068 dated September 3, 2020 and filed on September 15, 2020.
a.	Letter of authorization for David Estes from Bishop Thomas J. Tobin dated September 8, 2020.
2.	Union Fire District Fire Marshals Office Inspection Report dated September 2, 2020.
3.	Scheduling email to ADSFM Christopher Hiener and David Estes dated September 29, 2020.
4.	Zoom webinar invitation  86328734398 dated November 9, 2020.

EXHIBITS

The following documents were presented at the November 17, 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 Decision below corresponds with the September 2, 2020 inspection report compiled by the Union Fire District Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Union Fire District Fire Marshals Office during the November 17, 2020 hearing on this matter.  Accordingly, the Board hereby incorporates the September 2, 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 subject of the instant appeal is the installation and use of eight (8) exterior non-compliant Quictent tent structures being used for outdoor dining during the COVID-19 pandemic.
3.	The Board acknowledges and overrules the 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.	INTERIOR FINISH: This item is no longer a violation as the rigid, non-porous barriers installed have been deemed compliant in accordance with Blanket Variance  20-04 issued this date.
2.	TENTS: The Board hereby grants the Applicant a variance from the provisions of RIFC section 25.2.2 and RILSC section 11.11.2 by allowing the existing eight (8) exterior tents to remain in use without modification based upon the COVID-19 pandemic restrictions.  In consideration of the relief granted herein, the Board directs the Applicant to develop and implement the following conditions and restrictions:
a.	The use of these tents is limited to a daily two-hour lunch period and the occupant load of each tent is limited to no more than twenty-eight (28) students;
b.	A minimum of one (1) teacher or approved staff person shall be provided in any tent whenever it is occupied by students;
c.	The installation and use of tent side panels is prohibited;
d.	The installation and use of heating appliances of any fuel or power source is prohibited;
e.	The installation and use of any electrical service or equipment is prohibited;
f.	Each tent shall be provided with an approved fire extinguisher;
g.	A noncombustible base shall be provided in each tent, or if no base is required or provided, the floor area of each tent shall be kept clear of combustible vegetation and/or debris;
h.	Periodic fire drills shall be conducted for these tents in conjunction with fire drills conducted throughout the school campus; and,
i.	This variance is limited to the duration of the pandemic-related declaration of disaster emergency and a reasonable decommissioning period thereafter, not exceeding six (6) months.

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)].