The above-captioned case was scheduled for hearing on March 1, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Blackburn, Walker, Pearson, Preiss, Richard, Filippi and Jasparro were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal Ray Gomes of the Newport Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Blackburn and Dias.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a November 30, 2010 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the Newport Fire Marshals Office and the State Fire Marshals Office during the March 1, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the November 30, 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.  (10-2912-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the current exit configuration of this facility as modified herein and subject hereto.  The Board directs the Applicant to enclose the bottom of the basement stairwell at the north end of this facility.  The Board further directs the Applicant not to ever allow for overlapping occupancy with the educational occupancy of this facility.  Specifically, the Board has been advised that there is a gymnasium in this facility that shall never be utilized during all school hours.  The Board was further advised that the occupancy of this area is limited to AA meetings on Sunday nights and possible chorus rehearsals on Thursday nights and that the school occupancy is limited to the hours of nine in the morning to two in the afternoon.  The Board further directs the Applicant to provide an exit from either the west side of the building or the south side of the building, at the direction and to the satisfaction of the State Fire Marshals Office, to ensure that the children will be rapidly evacuated from this facility.  Finally, the Board notes, pursuant to the clarification by Commissioner Jasparro, that the Applicant shall continue to conduct and verify the mandated fire drills from this facility, at the direction and to the satisfaction of the State Fire Marshals Office.
	2.  (10-2919-VN).  The Board hereby directs the Applicant to correct deficiency 2 within thirty (30) days of the date of this decision.
	3.  (10-2920-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 3.
	4.  (10-2945-VN).  The Board hereby directs the Applicant to maintain a path of travel less than 150 feet, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans for the above modification of the travel distance issue.  The Board further grants the Applicant an additional 150 days in order to implement those plans at the direction and to the satisfaction of the State Fire Marshals Office.
	5.  (10-2914-VN).  The Board hereby grants a variance in order to allow the cited second exit stairway pursuant to the above understanding that there shall be no dual occupancy of this facility and that during all hours of educational occupancy the facility shall be exclusively occupied in such a manner.
	6.  (10-2944-VN).  The Board hereby grants a variance in order to allow the Applicant to mark and permanently open the foldable wall door as a permanent exit within this facility.  Specifically, the Board directs the Applicant to make the above modifications at the direction and to the satisfaction of the State Fire Marshals Office.  The Board notes that the Applicant has been granted a general time variance of thirty (30) days from the date of this decision in which to submit plans for this and any other corrections and an additional 150 days in order to complete the plans, and that the State Fire Marshals Office may extend either or both of the above deadlines.
	7.  (10-2924-VN).  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to correct deficiency 7 by providing the cited hardware at the direction and to the satisfaction of the State Fire Marshals Office.
	8.  (10-2918-VN).  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to correct deficiency 8 by either replacing the cited glass with Firelight or providing domestic sprinkler heads on both sides of the cited doors leading into the daycare, at the direction and to the satisfaction of the State Fire Marshals Office.
	9.  (10-2943-VN).  The Board hereby directs the Applicant to correct deficiency 9 by opening the cited doors at the direction and to the satisfaction of the State Fire Marshals Office within the timetables outlined in item 6 above.
	10.  (10-2946-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 10 by providing the kitchen area with an approved K-type portable fire extinguisher.
	11.  (10-2930-VN).  The Board hereby directs the Applicant to correct deficiency 11 by removing the cited combustibles and modifying the stair enclosure door with approved materials placed on the back of the door to bring the rating of the door to an approximate twenty-minute rating, at the direction and to the satisfaction of the State Fire Marshals Office within the timelines outlined in item 6 above.
	12.  (10-2923-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the cited exit stairway from the preschool with the corrections outlined above.
	13.  (10-2929-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 13 and provided the boiler room area with an approved ninety-minute door and presented the Fire Marshal with approved documentation.
	14.  (10-2921-VN).  The Board hereby grants a variance in order to allow the mezzanine level to maintain a single exit conditioned upon no occupancy or storage within the mezzanine.

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)].