The above-captioned case was scheduled for hearing on December 3, 2002 at 1:00 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Preiss, Pearson, Evans, O’Connell and Richard were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Vincent Quinterno of the Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Pearson 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 November 4, 2002 inspection report compiled by the State Fire Marshal’s Office. The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the December 3, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the November 4, 2002 inspection report as its initial findings of fact.  Any modification of the Board’s 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. During the December 3, 2002 hearing on this matter, the Board was advised and finds that the Applicant plans to provide a pre-school and day care occupancy on the first floor of this facility. The Board further finds that there shall be a maximum of fifty-two children and they shall be supervised in strict accordance with the DCYF guidelines. The Board further finds that this facility has been operating as a church for the past five years and is otherwise in full compliance with the place of assembly guidelines of NFPA 101. 
	
In light of the introduction of new “Day Care” occupancy in this facility, the building was re-inspected under Chapter 11 “Day Care Occupancies”. The State Fire Marshal’s Office determined that, under the above Day Care provisions of the code, the Applicant was in potential violation of section 30-2.7 because neither of the second floor stairways exit directly to the outside. 
	
The Board hereby grants a variance from the provisions of section 30-2.7 and its referenced standards in order to allow the Applicant to maintain the above-referenced pre-school day care occupancy on the first floor of this facility with the existing egress arrangement. This variance is contingent upon the Applicant’s limiting all of the children of the pre-school and day care occupancy to the first floor only.  

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 Applicant’s 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 Board’s 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 Board’s 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)].