The above-captioned case was scheduled for hearing on January 9, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Richard and Preiss were present.  Commissioner Newbrook recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Steven Lally of the State Fire Marshal's Office.  A motion was made by Vice Chairman Burlingame and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 060640 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has three (3) requests.  First, the Applicant wishes to substitute smoke detectors in the pool pipe tunnel in lieu of sprinklers.  Second, the Applicant wishes to maintain the existing height of fire horn strobes in the gymnasium in light of the installation of a new wood floor.  Finally, the Applicant is requesting the Board to restore a previous variance for the use of the third floor for child care.  In reviewing these requests, it is the understanding of the Board that all other fire code deficiencies shall be corrected by the Applicant within the original time tables.
	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 substitute smoke detection in the pool pipe tunnel areas in lieu of sprinklers.  In granting this relief, it is the understanding of the Board that this area is secured and non-combustible and that the existing piping for the operation of the pool crowds the space making future repairs difficult.  Accordingly, the Applicant may substitute either smoke or heat detection at the direction and to the satisfaction of the State Fire Marshal in this area.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing height of the fire horn strobes in the gymnasium.  In granting this relief, the Board notes that the Applicants decision to install a new wood gym floor was made after all of the electrical boxes, wiring and devices were installed.  It is the understanding of the Board that the boxes were installed at the normal height prior to the installation of the wood floor.  However, once the wood floor was installed and that level was raised, the boxes, as measured from the new wood floor, were approximately five (5) inches too low.  This variance is based upon structural hardship.
	3.  The Board hereby reinstates a prior variance in order to allow the use of the third floor for child care.  In granting this variance, It is the understanding of the Board that the State Fire Marshal's office has no objection in light of the fact that the facility shall be fully sprinklered and alarmed.
	4.  During the hearing, the Board was advised that the closet under the stairs to the fourth floor shall be sealed off with sheetrock at the direction and to the satisfaction of the State Fire Marshal's office.

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)].