The above-captioned case was originally scheduled for hearing on January 26, 2010 at 1:00 P.M.  At that time, the Board was asked to address a fire alarm wiring issue and an initial Decision was issued in file no. 070288.  The Applicant thereupon returned to the Board to address additional issues raised by an August 12, 2009 inspection report compiled by the State Fire Marshals Office.  A second hearing was scheduled for February 23, 2010 at which time it was determined that a Subcommittee of the Board should conduct an on-site review and report their findings back to the full Board. 
The on-site review was conducted on March 1, 2010 with Commissioners Dias and Preiss along with Executive Director Coffey in attendance.  Also in attendance were the Applicant Mr. Harold Hemberger, Assistant Deputy State Fire Marshal James Waterman of the Smithfield Fire Marshals Office and Deputy State Fire Marshals Christine Kent and Octavio Vieira of the State Fire Marshals Office.  The recommendations of the Subcommittee were presented to the Board for approval during its March 2, 2010 meeting.  At that time, a motion to approve the Subcommittees recommendations was made by Vice Chairman Newbrook and seconded by Commissioner Pearson.  The motion was unanimous.  Accordingly, the Subcommittee recommendations now have the status of a full Board Decision. 
In light of the ongoing upgrades being made at the subject facility and the possibility that the parties may have to return for guidance or additional relief, the Board maintained this as an open file to allow the Applicant to return without paying additional filing fees.  However, the Applicant recently advised the Board that it now wishes to close the file and have a written decision issued. 

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 12, 2009 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the Smithfield Fire Marshals Office and the State Fire Marshals Office during the onsite review of this matter.  Accordingly, the Board hereby incorporates the August 12, 2010 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants the Applicant a time variance of thirty (30) days to develop and submit to the State Fire Marshals Office a plan of action for the correction of deficiency 1.  The Board hereby grants the Applicant an additional one hundred twenty (120) days to implement the above plan of action by placing approved smoke detection in the area of the master box alarm. 
2.	The Board hereby grants the Applicant a time variance of thirty (30) days to develop and submit to the State Fire Marshals Office a plan of action for the correction of deficiency 2.  The Board hereby grants the Applicant an additional one hundred twenty (120) days to implement the above plan of action by providing approved smoke detection in the cited egress system corridors. 
3.	The Board hereby grants the Applicant a time variance of thirty (30) days to develop and submit to the State Fire Marshals Office a plan of action for the correction of deficiency 3.  The Board hereby grants the Applicant an additional one hundred twenty (120) days to implement the above plan of action by providing the required smoke detection in the Aerobic Room utilized by the daycare occupancy. 
4.	It is the understanding of the Board that Deficiency 4 has been corrected by the Applicant. 
5.	Assuming that the Applicant wishes to maintain a Daycare presence in the Aerobic Room, the Board hereby grants the Applicant a time variance of thirty (30) days to develop and submit to the State Fire Marshals Office a plan of action for the correction of deficiency 5 as outlined herein.  The Board hereby grants the Applicant an additional one hundred twenty (120) days to implement the above plan of action by providing the cited room with a door closure or alarm-activated magnetic hold open device to provide separation of the rooms during an emergency event.  The above plan would further create an egress path with signage for the children to eventually exit through double doors.  The above emergency egress system shall be maintained clear of all obstructions by the Applicant. 
6.	The Board hereby grants the Applicant a time variance of thirty (30) days to develop and submit to the State Fire Marshals Office a plan of action for the correction of deficiency 1.  The Board hereby grants the Applicant an additional one hundred twenty (120) days to implement the above plan of action by properly separating the egress corridor and classroom with a full one hour fire rated assembly consisting of 5/8 inch sheetrock on both sides of the wall installed at the direction and to the satisfaction of the State Fire Marshals Office.
7.	It is the understanding of the Board that Deficiency 7 has been corrected and that the Applicant has posted a No Smoking notice. 
8.	It is the understanding of the Board that Deficiency 8 has been corrected and that the Applicant has provided documentation of the required fire drills conducted with the children of the daycare occupancy. 
9.	The Board hereby grants the Applicant a time variance of thirty (30) days to develop and submit to the State Fire Marshals Office a plan of action for the correction of deficiency 9.  The Board hereby grants the Applicant an additional one hundred twenty (120) days to implement the above plan of action by separating the Meeting Room as outlined above and by addressing the Aerobic Room situation through one of the following options:  Option 1 is to provide the second emergency exit as outlined above and to provide a one hour separation on the front of the room.  Alternatively, Option 2 would be to discontinue the Daycare use of the Aerobic Room, with confirmation by the State Fire Marshals Office, within the above time frame.  
10.	The Board hereby grants the Applicant a time variance of thirty (30) days to develop and submit to the State Fire Marshals Office a plan of action for the correction of deficiency 10.  The Board hereby grants the Applicant an additional one hundred twenty (120) days to implement the above plan of action by sealing off the cited penetrations at the direction and to the satisfaction of the State Fire Marshals Office. 
11.	The Board hereby grants the Applicant a time variance of thirty (30) days to develop and submit to the State Fire Marshals Office a plan of action for the correction of deficiency 11 as outlined herein.  The Board hereby grants the Applicant an additional one hundred twenty (120) days to implement the above plan of action by providing an emergency escape from the second floor office area into the pool area with a steel platform and ladder going into the pool area and a separation door swinging into the lobby area installed at the direction and to the satisfaction of the Smithfield Fire Marshals Office.  The Board notes that any door lock, determined by the Smithfield Fire Marshals Office to obstruct this emergency egress, must be removed at the direction and to the satisfaction of the Smithfield Fire Marshals Office.  
12.	It is the understanding of the Board that the Applicant has corrected deficiency 12 to the satisfaction of the AHJ.
13.	The Board hereby grants a variance from the provisions of sections 13.2.2.3 and 7.2.2.2.1 in order to allow the Applicant to maintain the existing cited headroom clearance at the bottom of the interior stairway leading to the second floor offices.  

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 Approved Subcommittee Decision, within thirty (30) days of the mailing date of this Decision, by submitting a written request  to be heard by the full Board.  Commencement of such a request does not automatically operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].