The above-captioned case was scheduled for hearing on August 9, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Burlingame, Sylvester, Jackson, Pearson and Dias were present.  Commissioner Walker recused himself from consideration of this case.  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 James Bellamy of the East Providence Fire Marshals Office.  A motion was made by Commissioner Dias 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 May 26, 2011 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant the State Fire Marshals Office and the East Providence Fire Marshals Office during the August 9, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the May 26, 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, 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.  (11-1154-VN).  During the August 9, 2011 hearing on this matter, the Board was advised that this is a former school building that has been converted to a day care.  The Board was further advised that the facility maintains exits directly to the outside, has a municipally connected fire alarm system and a partial sprinkler system.  In light of the above, the East Providence and State Fire Marshals Office had no objection to allowing the Applicant to maintain the existing unrated glass panels and other construction of the classroom doors of this facility.  Accordingly, the Board hereby grants a variance to allow the Applicant to maintain the existing classroom doors and the unrated glass panels within them, based upon the aforementioned fire protection throughout this facility.  
	2.  (11-1155-VN).  The Board hereby grants the Applicant a time variance in order to install approved self-closers on the classroom doors, at the direction and to the satisfaction of the State and East Providence Fire Marshals offices, prior to the commencement of the 2011-2012 academic year.

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)].