The above-captioned case was scheduled for hearing on March 16, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jasparro, Dias and Walker were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Walker 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 an January 27, 2009 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 March 16, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the January 27, 2009 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. 

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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the State Fire Marshal's office.
	5-8.  During the March 16, 2010 hearing on this matter, the Board was advised that this facility has an old upgraded fire alarm system with a master box.  The Board was further advised that the Applicant needs to separate certain occupancies of this facility at the direction and to the satisfaction of the State Fire Marshal's office.  The Board has been advised that the applicant needs time in order to make the above corrections outlined in items 5, 6, 7 and 8 along with the separation.  In light of the above, the Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to provide the day care wing of this facility with approved separation and to further upgrade the fire alarm components within the day care area at the direction and to the satisfaction of the State Fire Marshal's office.  The Board further grants the Applicant an additional six (6) months from the above deadline in which to upgrade the fire alarm system components in the common areas of this facility and the areas surrounding the assembly occupancy.  Finally, the Board grants the applicant a final six-month extension from the above time lines in which to complete the upgrade of this entire facility, at the direction and to the satisfaction of the State Fire Marshal's office.
	9.  The Board hereby grants a variance from the provisions of sections 17.1.2.2 and 13.3.5.1.1 in order to allow the Applicant to post the assembly occupancy of this facility at three hundred (300) or fewer people.  In granting this relief, the Board notes that there are nine (9) directs exits from the center core of this facility.  Finally, the Board notes that if there is a special event in which the Applicant wishes to temporarily exceed the above limited occupancy, the Applicant shall first pre-plan the event with the Pawtucket Fire Marshal's office and secure the approval of the Pawtucket Fire Marshal's office and shall further comply with any and all of the additional safeguards deemed necessary by the Pawtucket Fire Marshal's office.
	10.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans to the State and Pawtucket Fire Marshal's office for the installation of approved windows for rescue.  The Board hereby grants the Applicant an additional 120 days from the above timeline in which to correct deficiency 10 by implementing the above plan, at the direction and to the satisfaction of the State Fire Marshal's office.
	11.  In the event the Applicant and/or the State Fire Marshal's office wish to return to the Board for review of this case or to resolve any outstanding issues, the Board shall allow the Applicant to return under the original file number.

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)].