The above-captioned case was scheduled for hearing on November 13, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Peter Marietti of the Warwick Fire Marshals Office along with Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	During the November 13, 2012 hearing on this matter, the Board had before it a September 21, 2012 plan review report compiled by the State Fire Marshals Office along with a September 25, 2012 summary of the requested variances prepared by the Applicant.  The above plan review report and variance summary were utilized by the Board, the Applicant, the Warwick Fire Marshals office and the State Fire Marshals Office during the November 13, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the September 21, 2012 plan review report along with the September 25, 2012 summary 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.  The Board hereby grants a variance from the provisions of section 16.1.6.1 in order to allow the Applicant to utilize the second floor space of this facility in a limited manner, related to the space being restricted to the existing mechanical room and incidental office storage.  As a condition of this relief, the Board directs that there shall be no use of the space for day care operations.  As a further condition of this relief, the Applicant has agreed to protect the mechanical room area with a one-hour wall.  In light of the above, it is the understanding of the Board that the State and Warwick Fire Marshals offices have no objection.
	2.  The Board hereby grants a variance from the provisions of section 7.2.2.2 in order to allow the Applicant to maintain the existing dimensions of the treads and risers of the stair from the second floor of this facility.  In granting this relief, it is the understanding and direction of the Board that this stair leads into the storage area and shall not be utilized for the general day care operation, and that a new door will be installed to close off this stair from the office area.
	3.  The Board notes that the Applicants original request to maintain a non-conforming ramp has been withdrawn and that the ramp had been corrected, at the direction and to the satisfaction of the State Fire Marshals Office.  Accordingly, it is the understanding of the Board that this ramp is no longer in violation of the code.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain a single means of egress from the basement unoccupied space of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that both the Warwick and State Fire Marshals offices have no objection.

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)].