The above-captioned case was scheduled for hearing on February 10, 2009  at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Pearson, Walker, Jasparro and Preiss were present.  The fire service was represented by Deputy State Fire Marshal Arthur DaCosta of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook 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 a February 6, 2009 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 February 10, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the February 6, 2009 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 from the provisions of section 17.1.2.2 in order to allow the Applicant to either provide additional sprinkler coverage on both sides of the cited separation or to provide an approved new wall at the direction and to the satisfaction of the State Fire Marshal's office within the timelines established herein.  
	2-3.  During the February 10, 2009 hearing on this matter, the Board provided the State Fire Marshal's office with the authority to determine whether or not the sprinkler head cited in deficiency 2 should be relocated and whether the areas lacking heat detection should be provided with additional sprinkler coverage.  Accordingly, if the Marshal is satisfied with the status quo, then the Board shall also be satisfied with the status quo.  If the Marshal requests certain modifications then the Applicant shall effect those corrections within the timetable established below.  
	4.  During the February 10, 2009 hearing on this matter, the Board was advised that the owner of the facility would request that the State Fire Marshal's office allow for the deletion of sprinkler coverage in the cited elevator shaft.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing either heat detection or extending sprinkler coverage into the suspended ceiling covering the day care occupancy of this facility which measures greater than twenty-four (24) inches.  Again, this coverage shall be limited to the day care occupancy only.
	6.  The Board hereby grants a variance from the provisions of section 39.3.4.1 and 13.8.10.5.4.1 in order to allow the Applicant not to provide heat detection and/or sprinkler coverage in the non-day care portions of this facility where the ceiling voids are greater than twenty-four (24) inches.
	7.  The Board hereby grants a variance from the provisions of section 7.2.2.3.2.2 in order to allow the Applicant to maintain the existing dimensions of the cited stairs on the basis of structural hardship.  In granting this variance, it is the understanding of the Board that the State Fire Marshal's office has no objection.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing smoke detection at each level of the stairways within this facility.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by providing smoke detection in the vicinity of the battery pack for the fire alarm system of this facility.
	10.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the above corrections.  The Board further grants the Applicant an additional 120 days in order to complete the plan of action in accordance with the above decision, 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)].