The above-captioned case was scheduled for hearing on July 22, 2008 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Dias, Filippi, Walker, Blackburn, Richard, Preiss and Pearson were present.  Vice Chairman Newbrook recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshals Cynthia Dehler, Christopher Moore and Arthur DaCosta of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioners Walker and Dias to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Blackburn and Preiss.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 1, 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 July 22, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the May 1, 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.  During the July 22, 2008 hearing on this matter, the Applicant advised the Board that the second and third floors of this facility are actually utilized as business occupancies with no more than 49 people.  The Board was further advised that the third floor had two (2) exercise rooms with specific exercise equipment and that the second floor had a small weight room and an aerobic dance area.  In light of the above, the Board hereby grants a variance in order to allow the Applicant to maintain the existing occupancy of this facilitys second and third floors at 49 people in total, thereby confirming a business use occupancy for this area.
	2.  The Board hereby grants a variance from the provisions of sections 13.2.2.2.1 and 7.2.1.2.4 in order to allow the Applicant to maintain the cited door dimensions within this facility.
	3.  The Board hereby grants a variance from the provisions of sections 13.2.2.3.1 and 7.2.2.2.1 in order to allow the Applicant to maintain the existing cited dimensions of the stairways within this facility.
	4.  The Board hereby grants a variance from the provisions of sections 13.2.2.3.1 and 7.2.2.4.3 in order to allow the Applicant to maintain the existing winding stairs within this facility.
	5.  It is the understanding of the Board that deficiency 5 is moot and not a violation of the state fire code.
	6.  In light of the Boards determination in item 1 above, it is the understanding of the Board that the egress capacity of the cited gymnasium is currently sufficient for the occupancy of forty-nine (49) on the second and third floors of this facility.
	7.  During the July 22, 2008 hearing on this matter, the Board was advised that the sub basement maintained a boiler and was not open to the public.  The Board was further advised that this area is approximately 500 square feet and that signage would be provided by the Applicant indicating that employees only were allowed in this area.  The Board was further advised that the Applicant would provide a rated door to separate this area at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, it is the understanding of the Board that there are two (2) means of escape from the sub-basement.  Accordingly, the Board hereby grants a variance from the provisions of sections 13.2.4 and 7.4.1.1 in order to allow the Applicant to maintain the existing egress configuration from the sub-basement of this facility with the above safeguards being put into place by the Applicant at the direction and to the satisfaction of the State Fire Marshal's office.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing the cited egress corridor from the massage therapy room with an approved interior finish, installed at the direction and to the satisfaction of the State Fire Marshal's office.
	9.  In light of the Applicants agreement not to allow more than 49 people in the gymnasium area that is primarily utilized only for basketball and not for exhibition games, the Board hereby grants a variance from the provisions of section 13.3.5.1.1 in order not to require the Applicant to provide sprinkler coverage in this effectively student occupied space.  The Board notes that comparable arrangements in educational occupancies are also not required to be sprinklered.
	10.  The Board hereby grants a variance from the provisions of section 17.1.2.2 in order to allow the Applicant to maintain an approximate one-hour separation between the day care portion of this facility and the remainder of the building.  The Board, as a condition of this variance, directs the Applicant to replace the opening into the corridor with an approved one-hour construction assembly and doors installed at the direction and to the satisfaction of the State Fire Marshal's office.  The Board further directs the Applicant to provide an approved one-hour drop ceiling assembly on the ceiling and on the floor below this area.  Finally, the Board directs the Applicant to repair all penetrations as outlined in item 14 below.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to make the above corrections.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing this facility with an approved current emergency location drill and to conduct these drills in accordance with the code at the direction and to the satisfaction of the State Fire Marshal's office.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by modifying the cited light fixtures in the boys pool locker room at the direction and to the satisfaction of the State Fire Marshal's office.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by addressing the carbon dioxide compressed gas cylinders in the basement of the pool room at the direction and to the satisfaction of the State Fire Marshal's office by either removing or securing these items.
	14.  The Board hereby directs the Applicant to correct deficiency 14 by repairing all cited penetrations with one-hour construction or replacement of the windows and doors as close to one hour as possible at the direction and to the satisfaction of the State Fire Marshal's office.  The Board hereby grants the Applicant a period of six (6) months from the date of this decision to correct this deficiency and all remaining items, 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)].