The above-captioned case was scheduled for hearing on November 9, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, Walker, Jasparro, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of an October 29, 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 November 9, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the October 29, 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 
	1-3.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2 and 3 at the direction and to the satisfaction of the State Fire Marshals Office.
	4.  (10-1934-VN).  The Board hereby grants the Applicant a general time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of the deficiencies within this facility and an additional 150 days in which to bring the facility into compliance with the code.  The Board further authorizes the State Fire Marshals Office to extend either or both of the above timelines for good faith efforts being shown by the Applicant.  Accordingly, the Board hereby directs the Applicant to correct deficiency 4 by providing the State Fire Marshals Office with testing certification of the room divider material within the above time frame.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 at the direction and to the satisfaction of the State Fire Marshals Office.
	6.  (10-1936-VN).  The Board hereby directs the Applicant to correct deficiency 6 by removing the cited stereo and any remaining material from this area within the above timeframe outlined in item 4 above.
	7.  (10-1919-VN).  The Board hereby grants the Applicant a time variance as outlined in item 4 above in order to correct deficiency 7 at the direction and to the satisfaction of the State Fire Marshals Office.
	8.  (10-1924-VN).  The Board hereby directs the Applicant to correct deficiency 8 by securing outside certification of the number of sprinkler heads within this facility and providing an appropriate amount of spare heads to compensate for that number, at the direction and to the satisfaction of the State Fire Marshals Office within the timeframes outlined in item 4 above.
	9.  (10-1917-VN).  The Board hereby grants the Applicant the time variance outlined in item 4 above in order to correct deficiency 9 by providing the classrooms and babysitting room of this facility with approved smoke detection and hardwired carbon monoxide alarms, installed at the direction and to the satisfaction of the State Fire Marshals Office.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10.
	11.  (10-1945-VN).  The Board hereby directs the Applicant to correct deficiency 11 by properly separating the day care from the egress system of this facility, at the direction and to the satisfaction of the State Fire Marshals Office within the time frames outlined in item 4 above.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12, 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)].