As indicated in the file, a hearing involving the above-captioned property was conducted remotely by Zoom webinar on Tuesday, March 9, 2021 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] sections 23-28.3-5, 42-46-3 and Executive Order.

	Participating at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Pearson, Walker, Sylvester, Thornton, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals James Gumbley and William Leahy of the State Fire Marshals Office.
APPLICANT: John Obiurka and Michael Barnes.
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 John Obiurka (authorized representative) of 160 Foster Center Road, Foster, RI dated December 10, 2020.
3.	The Application was received by the Board and File  2021007 was opened on January 20, 2021.
4.	The property was previously before the Board on December 2, 2014 at which time Decision  140129 was issued dated December 17, 2014.
5.	A hearing on the Application was conducted remotely by Zoom webinar on March 9, 2021 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	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 Pearson and seconded by Commissioner Thornton to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2021007 and are pertinent to the decision rendered:

1.	Variance Application  2021007 dated December 10, 2020 and filed on January 20, 2021.
a.	Attached Plan of Action dated December 10, 2020
2.	State Fire Marshals Office Inspection Report dated October 15, 2020.
3.	Decision  140129 dated December 17, 2014.
4.	Scheduling email to DSFM William Leahy and John Obiurka dated January 20, 2021.
5.	Zoom webinar invitation  89322425677 dated March 1, 2021.

EXHIBITS

The following documents were presented at the March 9, 2021 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 October 15, 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 March 9, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the October 15, 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 a educational occupancy, consisting of approximately fifty thousand five hundred ninety (50,590) square feet (gross area) and originally built in 1952.
3.	The building is of Type II (000) construction, has a compliant fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
4.	The Board finds through the testimony of the Applicant and the AHJ that the use of the Nightlock door security device in question does in fact require special knowledge or effort for operation, in violation of the RILSC.
5.	The Board acknowledges and sustains the objection by the State Fire Marshals Office to the granting of the relief requested 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.	This deficiency has been corrected.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	The Board hereby grants in part and denies in part a variance  from the provisions of RILSC sections 15.2.2.2 and 7.2.1.5.3 as follows:
a.	In any classroom where there is a second, independent means of egress that discharges directly to the exterior at grade, the existing Nightlock lockdown device may be continued in use on the corridor door in conjunction with the schools emergency action plan [hereinafter EAP];
b.	In any classroom where there is not a second, independent means of egress that discharges directly to the exterior at grade, the existing Nightlock lockdown device may be continued in use on the corridor door in conjunction with the schools EAP on a temporary basis, subject to the following conditions:
i.	The school administration [hereinafter Administration] shall consult with the State Fire Marshal's Office to develop a code-compliant method of providing intruder security for classroom corridor doors and upgrade the facility EAP accordingly;
ii.	The Administration shall submit an upgraded EAP to the State Fire Marshal's Office for approval no later than six (6) months from the date of the decision; and,
iii.	The EAP, as it relates to classroom door locking arrangements, shall be implemented prior to the commencement of the 2023 school academic year at the direction and to the satisfaction of the State Fire Marshal's Office.
c.	The EAP referenced above may be shared with the local fire and/or law enforcement authority as deem appropriate by the Administration.
d.	The Decision shall apply to all schools [educational occupancies] located within the district.

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 
2.	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)].
3.	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)].
4.	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)].
5.	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.
6.	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)].