The above-captioned case was scheduled for hearing on April 21, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Filippi, Walker, Dias and Pearson were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Filippi 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 May 4, 2005 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 April 21, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the May 4, 2005 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 
	1-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the State Fire Marshal's office.
	6.  During the hearing the Board was advised that the day care currently has two (2) exits that are non-remote and that if they were granted a variance, deficiency 6 would be moot in that the cited interior stairways would not be required exits.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the existing remoteness of the day care exits from this facility.  Accordingly, it is the understanding of the Board that the remaining portions of deficiency 6 would be moot.
	7-8.  The Board hereby grants a time variance of thirty (30) days from the date of this decision in which to submit a plan of action and an additional 120 days in which to implement that plan to address the cited emergency lighting and exit signage as outlined in deficiencies 7 and 8.
	9.  During the hearing, the Board was advised that the cited kitchen in the Fellowship Hall was not operated during all hours of day care operation.  Accordingly, the Board directs the Applicant to correct this deficiency, if necessary, under the fifteen-point plan for Places of Worship, at the direction and to the satisfaction of the State Fire Marshal's office within the above timetables.
	10-12.  It is the understanding of the Board that the Applicant has corrected deficiencies 10, 11 and 12 at the direction and to the satisfaction of the State Fire Marshal's office.
	13-14.  The Board hereby grants the Applicant a time variance in order to address the fire alarm and carbon monoxide detection issues as outlined in deficiencies 13 and 14 as follows.  The Applicant shall have thirty (30) days from the date of this decision in order to develop a plan of action and to submit the same for approval by the State Fire Marshal's office.  The Applicant shall have an additional 120 days in which to implement that plan of action at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, the Board notes that any proposed separation of the day care from the remaining assembly area must be at least one-hour verified separation 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)].