The above-captioned case was scheduled for hearing on June 14, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark St. Pierre of the Harrisville Fire Marshals Office and Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Sylvester 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 an August 27, 2010 inspection report compiled by the State Fire Marshals Office. The above report was utilized by the Board, the Applicant and the State and Harrisville Fire Marshals Offices during the June 14, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the August 27, 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, 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).

CONCLUSIONS AND VARIANCE REQUESTS
1.  (10-2261-VN) During the June 14, 2011 hearing on this matter, the Board was advised the Applicant had installed an approved pull station by the exit discharge door and an additional pull station near a door opening from the daycare room into the corridor leading to the above exit discharge door. This additional pull station had apparently been installed at the direction of a previously-assigned former Deputy State Fire Marshal of the State Fire Marshals Office. The Board hereby grants a variance to allow the Applicant to maintain this supplemental previously-approved pull station. 
2.  (10-2267-VN) During the June 14, 2011 hearing on this matter, the Board was advised that the Applicant had appeared before it on March 22, 2005 and was thereupon directed to correct the interior finish of the daycare at the direction and to the satisfaction of the State Fire Marshals Office. The Applicant further advised that the original Deputy State Fire Marshal, previously involved in the case, had authorized and approved the fire retardant treatment of only the lower walls of the daycare area and not the upper wall / ceiling assembly. This fact was verified by the Harrisville Fire Marshal during the hearing. Accordingly, the Board hereby reaffirms the original relief granted by the State Fire Marshals Office, pursuant to the original Decision, not to require the fire retardant treatment of the upper wall / ceiling assembly of this area. The Board notes the objection of the current Deputy State Fire Marshal but concurs with the Applicant that once the State Fire Marshals Office grants any relief, pursuant to the authority granted it by a Board Decision, it should continue to honor that relief.  
3.  (10-2264-VN) During the June 14, 2011 hearing on this matter, the Applicant advised the Board that the church side of the common wall, between the place of worship and daycare occupancies, was double thick consisting of sheetrock over the original plaster construction. The Board was further advised that the cited common corridor was generally only utilized once a day by the daycare occupancy. Finally, the Board was advised that there is no simultaneous occupancy of both the place of worship and the daycare. 
	In light of the above, the Board hereby grants a variance to allow the Applicant to maintain the existing cited separation between the occupancies, and the cited common egress corridor, conditioned upon the Applicant replacing the solid core wood door, identified by the State Fire Marshal during the June 14, 2011 hearing, with an approved, properly equipped labeled fire door installed at the direction and to the satisfaction of the State and Harrisville Fire Marshals Offices. The Board notes that the Harrisville Fire Marshal has no objection to the above relief and the Board notes the objection of the Deputy State Fire Marshal.   

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)].