As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, August 23, 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: Commissioners Pearson, Thornton, ODonnell, Muto and Booth.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Carmine Vita and David Pastore of the State Fire Marshals Office.
APPLICANT: Vincent Polisena, Matthew Mello and Peter Casale (via teleconference).
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 Peter Casale (authorized representative) of 44 Landmark Road, Warwick, RI dated [undated].
3.	The Application was received by the Board and File  2022065 was opened on June 13, 2022.
4.	The matter was initially before the Board on July 19, 2022 at which time it was reassigned until August 23, 2022 for the Applicant to return with a revised plan of action.
5.	A hearing on the Application was conducted on August 23, 2022 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 reviewing such information, a motion was made by Commissioner Thornton and seconded by Commissioner ODonnell to deny the Applicant the relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2022065 and are pertinent to the decision rendered:

1.	Variance Application  2022065 dated [undated] and filed on June 13, 2022.
a.	Attached Plan of Action dated August 12, 2022
b.	Letter of authorization for Peter Casale from Jenna Mello dated June 1, 2022.
2.	State Fire Marshals Office Plan Review Report dated June 1, 2022.

EXHIBITS

The following documents were presented at the August 23, 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 numbers of the Decision below correspond with those of the June 1, 2022 plan review 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 August 23, 2022 hearing on this matter.  Accordingly, the Board hereby incorporates the June 1, 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 2-story above grade building with a basement level, with a proposed use as a day care occupancy, consisting of approximately four thousand one hundred forty-six (4,146) square feet (gross area) and originally built in 1900.
3.	The building is of Type V (000) construction, with a proposed compliant fire alarm system with emergency forces notification and a proposed NFPA 13D automatic sprinkler system.
4.	The Board finds through the Applicants testimony that the proposed occupant load of the facility will be in excess of twenty (20) children per floor.
5.	The Board finds that as the Applicant has proposed the installation of a NFPA 13D automatic sprinkler system, the scope of a NFPA 13D system as set forth in section 1.1.1 is limited as follows: This standard shall cover the design, installation, and maintenance of automatic sprinkler systems for protection against the fire hazards in one- and two-family dwellings and manufactured homes.  [Emphasis added].
6.	The Board notes 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, (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.	CONSTRUCTION TYPE LIMITATIONS: The Board hereby DENIES the Applicant a variance from the provisions of RILSC section 16.1.6.1 to install a NFPA 13D automatic sprinkler system in lieu of the required NFPA 13 system.

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)].