The above-captioned case was scheduled for hearing on March 22, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Evans, O’Connell, Preiss, Burlingame, Pearson, Filippi and Newbrook were present.  The fire service was represented by Deputy State Fire Marshal Joseph Barroso of the State Fire Marshal’s Office and Assistant Deputy State Fire Marshal Mark St. Pierre of the Harrisville Fire Marshal’s office.  A motion was made by Commissioner Pearson and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

The numbers of the Decision below correspond with those of a March 9, 2005 inspection report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the March 22, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the March 9, 2005 inspection report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	
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 State Fire Marshal.”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant a time variance in order to correct deficiency #1 by repairing the cited penetrations in the furnace room in this facility, prior to September 1, 2005.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by providing the cited area with an approved flame spread rating installed at the direction and to the satisfaction of the State and Harrisville Fire Marshal’s office, prior to September 1, 2005.
	
3.  The Board hereby directs the Applicant to correct deficiency #3 by providing the cited stove in the kitchen area with an approved hood and duct system, prior to the new session of pre-school in this facility, and before September 1, 2005.
	
4.  The Board hereby directs the Applicant to correct deficiency #4 by replacing the cited day care doors before re-occupancy of the pre-school of this facility, prior to September 1, 2005.
	
5.  The Board hereby grants a variance from the provisions of section 7.2.5.3.2 in order to allow the Applicant to maintain the existing landing from door to ramp leading from the exit located on the right side of the building.  This variance is based on existing conditions.
	
6.  The Board hereby directs the Applicant to correct deficiency #6 by providing the day care with an approved drill switch, installed at the direction and to the satisfaction of  the Harrisville and State Fire Marshal’s office, prior to re-occupancy of the preschool, prior to September 1, 2005.
	
7.  The Board hereby directs the Applicant to correct deficiency #7 prior to September 1, 2005.
	
8.  With regard to deficiency #16 of the August 6, 2004 report from the Harrisville Fire Marshal’s office, the Board hereby grants a variance from the provisions of section 13.2.5.5.2 in order to allow the Applicant to maintain the existing aisle width between the bench seating of this facility.  This variance is based on structural hardship and existing conditions.  

STATUS OF DECISION AND APPEAL RIGHTS
	
This Decision 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 Applicant’s 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:  Board Rules and Regulations, section 6-2-17).
	
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: Board Rules and Regulations, section 6-2-18.)  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 Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s 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 R.I.G.L. 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: Board Rules and Regulations, section 6-2-20).
	
The Applicant may appeal the Board’s 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.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].