As documented in the file, a hearing involving the above-captioned property was conducted on Tuesday, February 14, 2023 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, 42-35-9 and 42-46-3.

	Participating at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Pearson, Booth, Muto and Spaziani.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Richard Matarese of the State Fire Marshals Office.
APPLICANT: Ryan Morin and Wade Palazini.
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 Ryan Morin (authorized representative) of Jensen Hughes dated November 9, 2022.
3.	The Application was received by the Board and File  2022116 was opened on November 21, 2022.
4.	The property was previously before the Board on September 18, 2012 at which time Decision  120101 was issued dated February 6, 2013.
5.	A hearing on the Application was conducted on February 14, 2023 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 Spaziani and seconded by Commissioner Booth to grant 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  2022116 and are pertinent to the decision rendered:

1.	Variance Application  2022116 dated November 9, 2022 and filed on November 21, 2022.
a.	Attached proposed Plan of Action dated February 6, 2023.
b.	Letter of authorization for Jensen Hughes from Don Cowart dated November 3, 2022.
2.	State Fire Marshals Office Inspection Report dated September 6, 2022.
3.	Decision  120101 dated February 6, 2013.

EXHIBITS

The following documents were presented at the February 14, 2023 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 determinations below correspond with those of the September 6, 2022 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 February 14, 2023 hearing on this matter.  Accordingly, the Board hereby incorporates the September 6, 2022 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 without a basement level, classified as an educational occupancy (high school), consisting of approximately two hundred eighty-three thousand four hundred fifty-one (283,451) square feet (gross area) and originally built in 1975 with a 2001 addition.
3.	The building is of Type II (222) construction, has a compliant fire alarm system with emergency forces notification and is provided with an approved partial [new addition only] 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, (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.	This deficiency/violation has been corrected.
2.	This deficiency/violation has been corrected.
3.	This deficiency/violation has been corrected.
4.	This deficiency/violation has been corrected.
5.	This deficiency/violation has been corrected.
6.	This deficiency/violation has been corrected.
7.	WINDOWS FOR RESCUE / EXTINGUISHMENT: The Board hereby grants the Applicant a time variance of two (2) years from the date of the decision to comply with the provisions of RILSC section 15.2.11.1.2(1) by providing this facility with an approved automatic sprinkler system in accordance with Section 9.7, at the direction and to the satisfaction of the State Fire Marshals Office.
8.	This deficiency/violation has been corrected.
9.	This deficiency/violation has been corrected.
10.	This deficiency/violation has been corrected.
11.	This deficiency/violation has been corrected.
12.	This deficiency/violation has been corrected.
13.	This violation has been withdrawn.
14.	This deficiency/violation has been corrected.
15.	This deficiency/violation has been corrected.
16.	EGRESS: The Board hereby grants the Applicant a time variance of one hundred eighty (180) days from the date of the decision to comply with the provisions of RILSC sections 15.1.3.3 and 13.2.5.6.10 by providing the auditorium aisles/stairs of this facility with approved markings and (motion-activated) lighting at the direction and to the satisfaction of the State Fire Marshals Office.
17.	INTERIOR FINISH: The Board hereby grants the Applicant a time variance of ninety (90) days from the date of the decision to comply with the provisions of RILSC sections 15.1.3.3, 13.3.3 and 10.2.1.2 by enclosing in place the movable wall dividers located in the auditorium, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further grants the Applicant a time variance of eighteen (18) months from the date of the decision to remove the movable wall dividers located in the gymnasium, at the direction and to the satisfaction of the State Fire Marshals Office.
18.	This deficiency/violation has been corrected.
19.	This deficiency/violation has been corrected.
20.	OPENING PROTECTIVES: The Board hereby grants the Applicant a time variance of one hundred eighty (180) days from the date of the decision to comply with the provisions of RIFC section 12.4 by engaging a third-party vendor to replace all non-compliant smoke and fire door assemblies throughout the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
21.	This deficiency/violation has been corrected.
22.	This deficiency/violation has been corrected.
23.	This deficiency/violation has been corrected.
24.	This deficiency/violation has been corrected.
25.	This deficiency/violation has been corrected.
26.	This deficiency/violation has been corrected.
27.	This deficiency/violation has been corrected.
28.	This deficiency/violation has been corrected.
29.	This deficiency/violation has been corrected.
30.	EXTINGUISHMENT: This deficiency/violation will be corrected with the completion of item  7, above.
31.	This deficiency/violation has been corrected.
32.	This deficiency/violation has been corrected.
33.	This deficiency/violation has been corrected.
34.	EXTINGUISHMENT: This deficiency/violation will be corrected with the completion of item  7, above.
35.	EXTINGUISHMENT: This deficiency/violation will be corrected with the completion of item  7, above.
36.	This deficiency/violation has been corrected.
37.	This deficiency/violation has been corrected.
38.	This deficiency/violation has been corrected.
39.	LABORATORIES: The Board hereby grants the Applicant a time variance of one hundred eighty (180) days from the date of the decision to comply with the provisions of RILSC sections 15.3.2.4 and 8.7.4.1 and NFPA 45 sections 12.4.1 and 5.1.3 by providing all chemistry classroom corridor doors with electro-magnetic hold-open devices interfaced with the building fire alarm system, at the direction and to the satisfaction of the State Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to develop and implement a procedure where all affected doors are kept in the closed position while not in active use until said devices are installed and operational.  The Board further grants the Applicant a time variance of eighteen (18) months from the date of the decision to replace all associated windows overlooking exit corridors with rated glazing or to be removed and in-filled with rated wall construction, at the direction and to the satisfaction of the State Fire Marshals Office.
40.	This deficiency/violation has been corrected.
41.	This deficiency/violation has been corrected.
42.	This deficiency/violation has been corrected.
43.	This deficiency/violation has been corrected.
44.	LABORATORIES: The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC sections 15.3.2.4 and 8.7.4.1 and NFPA 45 section 7.13.2 by developing and implementing an inspection, testing and maintenance program for the chemistry classroom fume hoods, at the direction and to the satisfaction of the State Fire Marshals Office. 
45.	LABORATORIES: The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC sections 15.3.2.4 and 8.7.4.1 and NFPA 45 section 7.14.1 by developing and implementing an inspection, testing and maintenance program for the chemistry classroom fume hoods, ventilation systems and exhaust fans, at the direction and to the satisfaction of the State Fire Marshals Office.
46.	This deficiency/violation has been corrected.
47.	This deficiency/violation has been corrected.
48.	This deficiency/violation has been corrected.
49.	EXTINGUISHMENT: This deficiency/violation will be corrected with the completion of item  7, above.
50.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 15.3.2 by providing an approved rated door assembly for Room  827, at the direction and to the satisfaction of the State Fire Marshals Office.
51.	LABORATORIES: The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC sections 15.3.2.4 and 8.7.4.1 and NFPA 45 section 6.5.2 by developing and implementing an inspection, testing and maintenance program for the chemistry classroom equipment, at the direction and to the satisfaction of the State Fire Marshals Office.
52.	This deficiency/violation has been corrected.
53.	This deficiency/violation has been corrected.
54.	This deficiency/violation has been corrected.

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).

Finally, the Board hereby authorizes the State Fire Marshals Office, upon receiving a written request, to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant by one (1) or more extensions of time of not more than thirty (30) days each, for a period not to exceed one hundred eighty (180) days in accordance with the modified provisions of 450-RICR-00-00-1.7.2(X).

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(W)].
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(Y)].  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(Z)].
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(AA)].
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(S)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].