The above-captioned case was originally scheduled for subcommittee review on September 15, 2008.  At that time, Chairman Coutu and Commissioners Pearson, Dias and Jasparro along with the Executive Director were present.  The fire service was represented by both the North Smithfield and the State Fire Marshal's offices.  The subcommittees recommendations were thereupon reviewed by the full Board on September 16, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Richard, Preiss, Jasparro, Walker, Pearson, Dias and Filippi were present.  Commissioner Blackburn recused himself from consideration of this case.  A motion was made by Commissioner Jasparro and seconded by Vice Chairman Newbrook and Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Preiss abstaining.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 3, 2007 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State and North Smithfield Fire Marshals Office during the September 15, 2008 on-site inspection and the September 16, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the April 3, 2007 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the 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 in order to allow the Applicant to either utilize domestic sprinkler heads to cover both sides of the windows between the occupancies of this facility or to provide these windows with approved drop-down fire curtains at the direction and to the satisfaction of the State and local fire Marshal's offices.  The Board further directs the Applicant to provide documentation of the separation of this facility including UL cut sheets and clips on the tiles.  The Board hereby grants the Applicant a time variance of thirty (30) days to submit a plan to the State and North Smithfield Fire Marshal's Offices and an additional 120 days to execute that plan.  
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing emergency lighting on the outside of the day care front door of this facility.  As an additional outside safeguard, the Board hereby directs the Applicant to provide approved bollards in front of the gas heaters on the side of this facility, at the direction and to the satisfaction of the State and North Smithfield Fire Marshal's Offices.  Again, the Applicant is granted thirty (30) days in which to submit a plan and 120 days in which to execute the above plan.
	3.  The Board hereby grants a variance from the provisions of section 16.2.11.1 and its referenced standards in order to allow Classroom 3 to exit through Classroom 4 to the back doors of this facility and to allow Classroom 1 to exit through Classroom 2 to the back doors of this facility and to allow a comparable egress system from the remaining rooms, at the direction and to the satisfaction of the State Fire Marshal's office.  As part of this plan of action, in order to effect approved separation, the Board directs the applicant to provide approved wall and door assemblies to provide separation from the other occupancies and to maintain access from the classrooms at the direction and to the satisfaction of the State Fire Marshal's office.  Again, the Applicant shall have thirty (30) days to submit a plan outlining the segregated egress system and 120 days in order to implement the plan.
	4-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 4 and 5 at the direction and to the satisfaction of the State and North Smithfield Fire Marshal's Office.
	6-17.  It is the understanding that the remainder of this facility is considered existing and in compliance with its current use.

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)].