The above-captioned case was scheduled for hearing on August 5, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jasparro, Richard, Jackson, Preiss, Pearson, Dias and Walker were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Vice Chairman Newbrook and Commissioner Walker 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 February 4, 2008 inspection report 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 August 5, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the February 4, 2008 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing the cited smoke detector at the direction and to the satisfaction of the State Fire Marshal's office.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by replacing the cited heat detector in the Rock Room at the direction and to the satisfaction of the State Fire Marshal's office.
	3.  During the August 5, 2008 hearing on this matter, the Board was advised that the first level of this facility has two (2) exits to grade and that the upper level of the facility has one (1) exit to grade.  Accordingly, it is the understanding of the Board that the Applicant wishes relief in order to allow the upper level to be considered also equivalent of a level of exit discharge and therefore not requiring sprinklers for this facility.  Finally, it is the understanding of the Board that there is two-hour fire separation between the above levels.  In light of the above, the Board hereby grants a variance from the provisions of section 17.1.6 in order to allow both levels of this facility to be considered levels of exit discharge thereby negating the requirement for the sprinklering of this facility.  This variance is based upon the unique configuration of this building, the fact that it is built into a hill with to-grade discharge from each level and that the levels are separated by two-hour construction.
	4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 4 by providing the Toddler I room with an approved window for rescue, installed at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, the Board shall maintain this as an open file in the event the Applicant is faced with a structural hardship in completing the above window conversion.

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)].