The above-captioned case was most recently scheduled for hearing on May 11, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Walker, Jasparro, Dias and Filippi were present.  Commissioner Preiss recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office and Chief David Sayles of the Westerly Fire Department.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 100043 as its initial findings of fact in this case.  The Board finds that in the original case involving this facility, it had relieved the Applicant of the requirement to sprinkler the lower level of this facility conditioned upon the lower level being restricted to incidental storage exclusive to the day care occupancy above.  The Board finds that the Applicant has returned with a plan proposing to segregate the lower level of this facility with two-hour construction in order to allow the portion of the lower level segregated from the day care portion to be utilized in accordance with the code for business and/or mercantile occupancy.  The Board notes that the portion of the lower level of this facility that is not separated from the day care portion would be in compliance with the original decision.  The details of the Applicant's plan are noted in a May 7, 2010 document entitled "Action Plan: Westerly Adult Day Care Services (WADS)".  (attached)

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby modifies its original decision in file number 100043 in order to allow the Applicant to occupy the basement of this facility in accordance with the May 7, 2010 attached plan of action.  Specifically, the portion of the basement separated by the approved two-hour construction shall be allowed to be utilized as business or mercantile without the need of additional sprinkler coverage.  The remaining portion of the basement, not segregated by two-hour construction from the day care, shall be maintained in accordance with the original decision. 
	In conclusion, the occupancy of the lower level of this facility shall not be required to be sprinklered if it is being maintained in accordance with the above guidelines.

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)].