The above-captioned case was originally scheduled for hearing on April 5, 2011 at 1:00 P.M. At that time, the Board directed that the case be tabled for one week to allow the parties to return with a plan of action to address the outstanding deficiencies.  

The above-captioned case was thereupon re-scheduled for hearing on April 12, 2011 at 1:00 P.M. At that time, Commissioners Richard, Blackburn, Preiss, Jasparro, Walker, Pearson, Filippi and Dias were present. Chairman Newbrook recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshals Octavio Vieira and Michael Macaruso of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 4, 2011 inspection report compiled by the State Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Fire Marshals Office during the April 12, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the April 4, 2011 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the state fire code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).
	Finally, the Board was advised and finds that the Nursery occupancy has been established in this facility for approximately thirty-five (35) years and that there is no simultaneous occupancy of the Nursery and the Place of Worship. The Board was further advised and finds that the blue and yellow classrooms were previously separated from the remaining occupancy as part of an original variance granted. The Board was further advised and finds that the subject area houses three, four and five year old children, has a maximum rated capacity of forty-four, with an actual capacity currently in the low thirties.   

CONCLUSIONS AND VARIANCE REQUESTS
1. (11-382-VN) The Board hereby grants the Applicant a time variance, until prior to the commencement of the 2011-2012 academic year, in which to either correct any remaining deficiencies outlined within the April 4, 2011 inspection report or to implement any plan of action upon which a variance is conditioned. The Board notes that the above time variance may be extended by the State Fire Marshals Office in light of good faith efforts being made by the Applicant. 
	The Board hereby grants a variance in order to allow the Applicant not to provide the yellow classroom with an escape window. As a condition of this variance, the Board directs the Applicant to provide an approved smoke barrier door and assembly in the north-south hallway between Kindergarten Classroom One and the Yellow Classroom. This door and assembly shall be installed at the direction and to the satisfaction of the State Fire Marshals Office within the above timeframe. 

Finally, pursuant to the recommendation of Commissioner Preiss, the Applicant is further directed to move the refrigerator and eliminate the burners in the area of the break room within the above time period. 
2. (11-386-VN) The Board hereby reaffirms its original variance, in File No. 970102, in order to allow the Applicant to maintain the existing construction and rating of the stairwells in this facility with the addition of the four (4) smoke barrier doors outlined below. In the event that the Applicant wishes to maintain one or more of these doors in the open position, the Applicant shall provide the designated door or doors with approved magnetic hold-open devices installed at the direction and to the satisfaction of the State Fire Marshals Office. 
	The first door to be installed is the smoke barrier door and assembly outlined in Item 1 above. The second door to be installed shall be provided on the lower level between the blue room and the yellow room. The third door to be installed shall be on the second floor between the library and the little chapel. The fourth door to be installed shall be on the third floor between the classroom adjacent to the to the storage room on the westerly side of the building. All of the above smoke barrier doors shall be installed at the direction and to the satisfaction of the State Fire Marshals Office. Finally, the Board directs that the Applicant place a piece of 5/8 sheetrock over the fixed glass panels in the hallway.  
3. (11-357-VN) In light of the above modifications to the egress system, the Board hereby grants a variance in order to allow the Applicant to maintain the blue classroom without a means of escape window. 
4. (11-356-VN) In light of the above modifications to the egress system, the Board hereby grants a variance in order to allow the Applicant to maintain the cited window sills at their current height.
5. (11-381-VN) In light of the above modifications to the egress system, the Board hereby grants a variance in order to allow the Applicant to maintain the kindergarten classroom without a means of escape window.
6. (11-355-VN) In light of the above modifications to the egress system, the Board hereby grants a variance in order to allow the Applicant to maintain the current measurements of the windows within the yellow classroom. 
7. (11-388-VN) The Board hereby grants a variance in order to allow the Applicant to maintain the cited glass in the classroom doors and transom windows with a piece of 5/8 sheetrock placed over the fixed glass transom panels in the hallway as outlined above.   
8. It is the understanding of the Board that the Applicant has either corrected, or shall correct, all remaining deficiencies outlined in the April 4, 2011 inspection report within the timetable outlined in Item 1 above. Again, the State Fire Marshals Office is granted the authority to extend any of the above time lines in light of good faith efforts being made by the Applicant. 

STATUS OF DECISION AND APPEAL RIGHTS
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)].