The above-captioned case was scheduled for hearing on November 14, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Newbrook, Preiss, Filippi and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Vice Chairman Burlingame 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 January 31, 2004 inspection report compiled by the East Greenwich Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshals Office during the November 14, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the January 31, 2004 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, 5 and 6 as outlined in the January 31, 2004 inspection report.
	7.  The Board hereby grants a variance from the provisions of section 7.2.2.5.1.3 in order to allow the Applicant to maintain the existing split-level stairway without a full enclosure.  In granting this relief, on the basis of structural hardship, the Board notes that the Applicant has provided approved smoke separation on the upper level being serviced by the stairwell.  The Board has further been advised that the Applicant maintains independent means of egress from both levels serviced by the stairway enclosure.
	8.  The Board hereby grants a variance from the provisions of section 17.1.2.2 in order to allow the Applicant to maintain the existing separation between the daycare and the assembly occupancies of this facility.  As a condition of this variance, the Board directs the Applicant to maintain its current operation of never having the assembly occupancy in use as the same time as the pre-school occupancy.  Specifically, this variance is contingent upon the building maintaining either an assembly or a pre-school occupancy at any one time.
	9.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to upgrade the fire alarm system of this facility to meet current codes.  The Board hereby grants the East Greenwich Fire Marshal's office the authority to extend the above deadlines for installation, provided the East Greenwich Fire Marshal's office is satisfied that the Applicant has made a good faith effort towards full compliance.

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)].