As indicated in the file, a hearing involving the above-captioned property was conducted remotely by Zoom webinar on Tuesday, March 23, 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, Sylvester, Booth, Thornton, Davison and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Kaitlyn Iannone of the State Fire Marshals Office.
APPLICANT: Thomas Nangle, Steven Denoyelle, Stephanie Trabucco and Raymond Maxwell.
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 Thomas Nangle (authorized representative) of RI Department of Administration, One Capitol Hill, Providence, RI dated February 10, 2021.
3.	The Application was received by the Board and File  2021015 was opened on February 18, 2021.
4.	The property was previously before the Board on April 21, 2009 at which time Decision  060713 was issued dated August 26, 2009.
5.	A hearing on the Application was conducted remotely by Zoom webinar on March 23, 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 Commissioners Sylvester and Booth 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  2021015 and are pertinent to the decision rendered:

1.	Variance Application  2021015 dated February 10, 2021 and filed on February 18, 2021.
a.	Attached Plans of Action dated December 16, 2020 and November 3, 2020.
2.	State Fire Marshals Office Inspection Report dated October 9, 2020.
3.	Decision  060713 dated August 26, 2009.
4.	Scheduling email to DSFM Kaitlyn Iannone and Thomas Nangle dated February 18, 2021.
5.	Zoom webinar invitation  88411885660 dated March 15, 2021.

EXHIBITS

The following documents were presented at the March 23, 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 9, 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 23, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the October 9, 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 an educational occupancy, consisting of approximately twenty-two thousand nine hundred thirty-two (22,932) square feet (gross area) and originally built in 1934.
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 automatic sprinkler system.
4.	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.	This deficiency has been corrected.
2.	This deficiency has been corrected.
3.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 15.2.1 by allowing the existing egress configuration to remain in use without modification based upon a structural hardship and special characteristics of the population.  In granting this relief, the Board acknowledges the staff-guided segregation of client age groups in the operation of the facility.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	FIRE ALARM SYSTEM: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 15.2.11.2 and 23.4.5.2.3 by allowing the existing quiet rooms [hereinafter the rooms] to remain in use without requiring smoke detection based upon the special characteristics of the population.  In granting this relief, the Board acknowledges the following conditions and policies which shall be deemed required conditions of the relief granted:
a.	The rooms are provided with automatic sprinkler protection;
b.	A system smoke detector is located in the corridor outside of the rooms;
c.	There is constant staff supervision of clients whenever the rooms are occupied;
d.	There is no furniture located within the rooms;
e.	The maximum time that the rooms are utilized is limited to no longer than twenty (20) minutes;
f.	In order for the doors to the room to be locked, there needs to be a continuous manual action taken by a staff member; and,
g.	There is a No Smoking policy in effect throughout the building.

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)].