The above-captioned case was scheduled for hearing on February 3, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Richard, Jasparro, Pearson, Walker, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshal James Moore of the State Fire Marshals Office and ADSFM Choniere of the Warwick Fire Marshal's Office.  A motion was made by Commissioner Preiss and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the February 3, 2009 hearing on this matter, the Board was advised and finds that this is a two-building child daycare center and that the main building is located at 36 Greco Lane where the fire alarm panel is housed.  The Board was further advised and finds that there is an underground conduit that houses the alarm lines that connect the two buildings.  The Board was further advised and finds that on or about July of 2008 the building located at 36 Greco Lane was struck by lightening and that the panel was affected.  The Board was further advised and finds that based upon the damage done, a new panel was installed by the Applicants fire alarm company, and at that time, they believed the issues had been resolved.  
However, it subsequently came to the attention of the Applicant that there was also an issue with the underground wiring that had apparently been damaged as a result of the lightening strike.  Accordingly, the Applicant is planning to close the affected facility until such time as the system is fully repaired.


CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance until the end of business on Wednesday, February 4, 2009 to remove the remaining infant and three (3) toddlers from the affected facility and not to re-occupy this facility until such time as the fire alarm system is fully repaired.

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 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: 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 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 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 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.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].