The above-captioned case was scheduled for hearing on December 7, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, Pearson, Jasparro and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Preiss abstaining from the vote.

FINDINGS OF FACT
	The Board hereby incorporates its original decision in file number 100263 as its initial findings of fact in this case.  In addition, the Board finds that the subject facility houses children roughly between the ages of 5 and 12.  The Board further finds that the Applicant has requested a variance in order to allow the children to retrieve their bicycles and other equipment from the basement of this facility through an existing exterior door as opposed to the interior stairway.  The Board finds that in its original decision, it had been advised that no residents would be utilizing the basement.  Finally, the Board finds that the Applicant is requesting this limited use of the basement through an exterior door only.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby modifies item number three of its original decision to reflect the fact that the Applicant shall be granted permission to allow the children of this facility to access the basement for their bicycles and other equipment through an exterior door only.  Specifically, the children shall not be allowed to access the basement of this facility through the basement stairway with the cited headroom issue.

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)].