The above-captioned case was scheduled for hearing on January 18, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Jasparro, Jackson, Pearson, Preiss and Richard 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 Commissioner Richard and seconded by Commissioner Jackson 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 a September 13, 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 January 18, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the September 13, 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.  (10-2242-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing the appropriate fire drills for this facility.
	2.  (10-2249-VN).  During the January 18, 2011 hearing on this matter, the Board was advised that the cited commercial cooking stove is never utilized by the nursery school but only utilized by the Place of Worship occupying this facility.  In light of the above, the Board grants a variance in order to allow the Applicant to maintain the existing commercial cooking stove without hood exhaust and suppression conditioned upon the fact that it is never utilized by the existing educational occupancy within this facility.  As a condition of this relief, the Board directs the Applicant to provide the kitchen area with an approved Type K fire extinguisher installed at the direction and to the satisfaction of the State Fire Marshals Office.  In light of the above, it is the understanding of the Board that the State Fire Marshals Office has no objection.
	3.  (10-2247-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 3 at the direction and to the satisfaction of the State Fire Marshals Office.
	4.  (10-2245-VN).  During the January 18, 2011 hearing on this matter, the Board was advised that the school children in this facility are not normally in the cited assembly area space.  The Board hereby allows the Applicant to maintain the existing cited doors and locks with push bars.  Also, the Board directs the Applicant to remove the sign that says Do Not Use and to leave the door unlocked during periods of time that this building is used for educational occupancy.
	5.  (10-2240-VN).  The Board hereby directs the Applicant to correct deficiency 5 by providing approved separate exits from the areas in question, installed at the direction, to the satisfaction and within a timetable established by the State Fire Marshals Office.
	6-8.  (10-2201-VN  10-2298-VN  10-2202-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 6, 7, and 8 as outlined on the September 13, 2010 inspection report.
	9.  (10-2204-VN).  During the January 18, 2011 hearing on this matter, the Board was advised that the Applicant sought relief from the separation requirements in that there is no simultaneous occupancy of the existing educational and Place of Worship areas.  Accordingly, the Board hereby grants the Applicant relief from the separation, conditioned upon the Applicants maintaining only one (1) occupancy of this facility at any one time.
	10.  (10-2243-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 10 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)].