The above-captioned case was scheduled for hearing on April 9, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Richard and Jasparro were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Iannone of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jasparro to recommend approval of the subcommittee recommendations to the full Board.  The motion was unanimous.  Subsequently, with the arrival of Commissioner Walker, the above subcommittee recommendation was considered by the full Board.  Accordingly, a motion was made by Commissioner Walker to approve the subcommittee recommendation and seconded by Commissioner Dias.  The motion was also unanimous.  Accordingly, the subcommittee recommendation is now a decision of the full Board.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a March 28, 2013 inspection report (13-359-IS) 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 April 9, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the March 29, 2013 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.  (12-1595-VN).  The Board hereby grants a variance in order to allow the Applicant to provide a platform and stair to the toddler room window designated by the State Fire Marshals Office as a means of escape window.  The above platform and stairs should provide access to the toddler room means of escape window at the proper height at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of this deficiency to the State Fire Marshals Office.  The Board further grants the Applicant an additional sixty (60) days in order to implement the above plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board notes and has been advised that the cited pre-school room currently provides a second means of escape to an approved separate smoke compartment.  Accordingly, it is the understanding of the Board that the pre-school room is currently in compliance with the code.

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)].