The above-captioned case was scheduled for hearing on July 19, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jackson, Jasparro, Walker and Dias were present.  The fire service was represented by Deputy State Fire Marshal Octavio Vieira 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 a March 20, 2009 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 July 19, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the March 20, 2009 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.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to correct deficiency 1 by providing approved hard wired smoke detection located in the vicinity of the fire alarm control panel of this facility.  The Board hereby authorizes the State Fire Marshals Office to extend the above timeline for good faith efforts being shown by the Applicant.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to provide the daycare of this facility with the required smoke detection.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the cited daycare occupancy with an approved double action manual pull station.
	4.  The Board hereby grants the Applicant a time variance as outlined in item 1 above in order to correct deficiency 4 by repairing the cited one-hour fire resistant separation between the daycare and business occupancy of this facility, at the direction and to the satisfaction of the State Fire Marshals Office.
	5.  During the July 19, 2011 hearing on this matter, the Board was advised and finds that the cited central interior spiral staircase is enclosed with a glassed-in area around the stairs providing a smoke barrier.  The Board was further advised that there are three (3) additional means of egress from this facility.  Accordingly, the Board hereby grants the Applicant a variance in order to maintain the current smoke enclosure of the center interior spiral staircase on the basis of structural hardship.  
	6-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 6, 7, 8, 9 and 10.

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)].