The above-captioned case was originally scheduled for hearing on November 20, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Burlingame, Blackburn, Richard, Sylvester and Dias were present.  Commissioner Jackson recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion addressing items 1 through 5 and 7 was made by Commissioner Dias and seconded by Commissioner Burlingame.  This motion passed over the opposition vote of Commissioner Blackburn.  The parties were thereupon advised to return to the Board on January 8, 2012 to address item 6, involving the location of the dumpster.  The parties were specifically directed to consult with the local AHJ to ascertain his position. 

The above captioned case was most recently scheduled for hearing on January 8, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Sylvester, Burlingame and Blackburn were present.  Commissioner Jackson recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office along with Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Burlingame to grant the Applicant relief on item 6 (12-1649-VN) after consultation with the North Kingstown Fire Marshals Office.  This motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 10, 2012 inspection report (12-1328-IS) covering the subject facility and compiled by the State Fire Marshals Office.  The Board notes that the designated inspection type of the above report was existing daycare occupancies.  However, the Board notes that the body of the report properly identified the facility as an existing healthcare occupancy.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the November 12, 2012 and January 8, 2013 hearings on this matter.  Accordingly, with the above correction, the Board hereby incorporates the September 10, 2012 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1-4.  (12-1614-VN, 12-1615-VN, 12-1616-VN and 12-1647-VN).  It is the understanding of the Board that deficiencies 1, 2, 3 and 4 have been corrected by the Applicant.
	5.  (12-1648-VN).  The Board hereby grants relief in order to allow the Applicant to maintain the existing cited sprinkler heads throughout the outside of this building, provided that the Applicants sprinkler company certifies this system and the particular heads in question.
	6.  (12-1649-VN).  The Board, upon consultation with both the State and North Kingstown Fire Marshals offices, hereby grants a variance in order to allow the Applicant to maintain the existing cited cardboard compactor and dumpster at its existing location less than ten feet (10) from the subject facility.  In granting this relief, the Board notes that the Applicant had advised during the November 20, 2012 hearing that the eave within close proximity of the dumpster could be protected with external sheetrock, at the direction and to the satisfaction of the North Kingstown and State Fire Marshals offices.  
	7.  (12-1613-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the cited double action manual pull stations at their existing locations.  In granting this relief, the Board notes that it was not necessary for the Applicant to mount the double action manual pull stations on the glass partitions of this facility.  The Board further notes that comparable pull stations are maintained at nursing stations within close proximity to this area.

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)].