The above-captioned case was scheduled for hearing on September 21, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Dias, Walker, Blackburn, Preiss and Jasparro were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Preiss 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 a September 20, 2010 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 September 21, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the September 20, 2010 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.  (10-1666-VN)  The Board hereby grants a variance in order to allow the Applicant to maintain the cited mezzanine with one (1) means of egress on the basis of structural hardship.  In granting this relief, it is the understanding of the Board that the mezzanine is open to the lower floor but the stairway access is blocked to the daycare and the mezzanine level is utilized only for storage.  In light of the above, it is the understanding of the Board that the State Fire Marshals Office has no objection to the granted relief.
	2.  (10-1673-VN)  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the required heat detection.
	3.  (10-1667-VN)  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan for the correction of deficiency 3 and an additional 150 days in order to implement the above plan at the direction and to the satisfaction of the State Fire Marshals Office.  Specifically, during the above time period, the Applicant is to change the non-rated bi-fold door of the janitors closet to an approved solid core door maintaining an approximate rating of twenty (20) minutes, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board hereby grants a variance in order to allow the door to block more than fifty percent of the corridor pursuant to the Boards understanding that this janitor closet door shall be secured and generally not open without the presence of staff in the immediate vicinity.
	4.  (10-1668-VN)  It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the State Fire Marshals Office.
	5.  (10-1671-VN)  The Board hereby grants the Applicant the time variance outlined in item 3 above in order to change the cited door to the closet under the stairwell in Toddler Room 2 to a solid core door with an approximate fire rating of twenty (20) minutes at the direction and to the satisfaction of the State Fire Marshals Office.

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)].