As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 28, 2022 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 and 42-46-3.

	Participating at the hearing were the following:
COMMISSIONERS: Vice-Chairman Blackburn and Commissioners Pearson, Booth, Thornton, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Steven Hughes of the East Greenwich Fire Marshals Office and State Fire Marshal Timothy J. McLaughlin.
APPLICANT: Matthew McGeorge, Michael Flood, Scott Lawrence and Devin Ciminero.
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 McGeorge (authorized representative) of 18 Fifth Avenue, East Greenwich, RI dated June 6, 2022.
3.	The Application was received by the Board and File  2022056 was opened on June 7, 2022.
4.	A hearing on the Application was conducted on June 28, 2022 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 reviewing such information, a motion was made by Commissioner Blackburn and seconded by Commissioner Booth 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  2022056 and are pertinent to the decision rendered:

1.	Variance Application  2022056 dated June 6, 2022 and filed on June 7, 2022.
a.	Attached Plan of Action dated June 6, 2022
b.	Drawings (1 page) dated March 17, 2022
c.	Letter of authorization for McGeorge Architecture from Michael Flood dated April 28, 2022.
2.	East Greenwich Fire Marshals Office Plan Review Report dated May 18, 2022.

EXHIBITS

The following documents were presented at the June 28, 2022 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 May 18, 2022 plan review report compiled by the East Greenwich Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshals Office during the June 28, 2022 hearing on this matter.  Accordingly, the Board hereby incorporates the May 18, 2022 plan review 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 without a basement level, classified as an assembly occupancy, consisting of approximately  twelve thousand (12,000) square feet (gross area) and originally built in 1995.
3.	The building is of metal 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 that based upon the testimony of the Applicant and the AHJ, the proposed new use of the building [indoor childrens recreational gym] has been correctly classified as a special amusement building in accordance with RILSC sections 3.3.36.10 and 6.1.2.1 and therefor subject to the requirements of RILSC section 13.4.8.
5.	The maximum occupant load of the facility has been calculated at seven hundred ninety-four (794) persons by the AHJ and at five hundred eighty-eight (588) persons by the Applicant.
6.	The Board finds that notwithstanding the Applicants testimony of a business model utilizing an occupant load in the 250-300 range, the maximum probable occupant load of the facility is clearly in excess of three hundred (300) persons.
7.	There is no objection by the East Greenwich Fire Marshals Office to the granting of the relief outlined herein.  Further, State Fire Marshal McLaughlin testified in favor of permitting a limited occupancy of the facility prior to the installation of the required automatic sprinkler protection.
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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, (2018 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, (2018 edition) as incorporated by reference and amended by 450-RICR-00-00-8.

1.	EXTINGUISHMENT: The Board hereby denies the Applicants request to omit automatic sprinkler protection and hereby grants a time variance until July 1, 2023 to comply with the provisions of RILSC sections 13.3.5.1, 13.4.8.1 and 13.4.8.2 by providing this facility with an approved supervised automatic sprinkler system in accordance with section 9.7, at the direction and to the satisfaction of the East Greenwich Fire Marshal's Office.
2.	The Board hereby authorizes the AHJ to approve a temporary certificate of occupancy as defined in RIFC section 3.5.15 in conjunction with the Building Official, subject to the following conditions:
a.	An approved fire alarm system with emergency forces notification in accordance with section 9.6 shall be installed and operational prior to any occupancy of the building as a place of assembly.  The provisions of RILSC section 9.7.1.4 may be utilized based upon the design drawings of the future automatic sprinkler system;
b.	The maximum occupant load of the facility shall not exceed two hundred (200) persons until such time that the automatic sprinkler system is installed and operational; and,
c.	Trained crowd management as set forth in RILSC section 13.7.6 and modified herein shall be provided whenever the facility is occupied at a ratio of one crowd manager or crowd manager supervisor for every twenty-five (25) occupants.  The provisions of section 13.7.6.1 may be utilized at such time that the automatic sprinkler system is installed and operational.

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: RIGL section 23-28.3-6 and 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)].