The above-captioned case was scheduled for hearing on April 28, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jackson, Filippi, Richard, Blackburn, Walker, Jasparro and Dias were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshal's Office along with Assistant Deputy State Fire Marshal John Walsh of the Cumberland Fire District Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioners Dias and Jasparro 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 both a March 24, 2006 inspection report compiled by the Cumberland Fire District Fire Marshals Office along with an April 28, 2009 position statement of the Cumberland Fire District Fire Marshal's Office.  The above report and position statement were utilized by the Board, the Applicant, the State Fire Marshal's Office and the Cumberland Fire District Fire Marshals Office during the April 28, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the March 24, 2006 inspection report along with the April 28, 2009 position statement 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 
	1-2.  It is the understanding of the Board that the Applicant has corrected deficiencies 1 and 2 at the direction and to the satisfaction of the Cumberland Fire District Fire Marshal's office.
	3.  The Board hereby grants a variance from the provisions of sections 13.2.1 and 7.1.5.1.1 in order to allow the Applicant to maintain the existing ceiling height in the exit outside of the day care area.  Specifically, the Board grants this relief in order to allow the Applicant to maintain the cited metal beam on the basis of structural hardship.
	4.  The Board hereby grants a variance from the provisions of section 13.3.2.1.2(3) and its referenced standards in order to allow an enclosure of the furnace rather than the enclosure of the whole room due to structural hardship.  In granting this relief, it is the understanding of the Board that the storage has been removed from this area.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 at the direction and to the satisfaction of the Cumberland Fire District Fire Marshal's office.
	6.  The Board hereby grants a variance from the provisions of section 13.2.5.2 in order to allow the Applicant to maintain the existing egress path from the day care area through the mens locker room on the first floor of this facility.  The Board accepts the Cumberland Fire District Fire Marshal's assessment of the egress path leading from this area, in granting this variance.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7.
	8.  The Board hereby grants the Applicant a time variance of thirty days from the date of this decision in order to correct deficiency 8 at the direction and to the satisfaction of the Cumberland Fire District Fire Marshal's office.  The Board further grants the Cumberland Fire District Fire Marshal's office the ability to extend the above deadline for good faith efforts being shown by the Applicant.
	9-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 9 and 10 at the direction and to the satisfaction of the Cumberland Fire District Fire Marshal's office.
	11.  The Board hereby grants a variance from the provisions of sections 13.2.1 and 7.2.1.3.1 in order to allow the Applicant to continue to utilize the cited three-rung escape steps to access the two exit doors from the tennis court of this facility.  This variance is based on structural hardship.
	12-14.  It is the understanding of the Board that the Applicant has corrected deficiencies 12, 13 and 14 at the direction and to the satisfaction of the Cumberland Fire District Fire Marshal's office.
	15.  The Board hereby grants a variance from the provisions of section 13.3.5.1.1 in order to allow the Applicant and the Cumberland Fire Marshal's office to classify the occupant load on the tennis court areas to reflect the reality of the actual use of those areas and to further divide the facility into two separate buildings resulting in an occupant load which would fall below the three hundred (300) person threshold.  The Board hereby grants the applicant a time variance of thirty (30) days from the date of this decision in order to design the separation and an additional 120 days in order to complete the separation of the facilities at the direction and to the satisfaction of the Cumberland Fire District Fire Marshal's office.  The Board further notes that the Cumberland Fire District Fire Marshal's office had no objection to the granting of this relief.
	16-17.  It is the understanding of the Board that the Applicant has corrected deficiencies 16 and 17.
	18.  The Board hereby grants a variance in order to allow the Applicant to maintain the mezzanine mechanical areas within this facility on the basis of structural hardship.

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)].