The above-captioned case was scheduled for hearing on June 5, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Jasparro, Preiss, Jackson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief Alexander Galinelli of the Warren Fire Marshals Office along with Deputy State Fire Marshal Octavio Vieira of the State Fire Marshal's office.  A motion was made by Commissioner Blackburn and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts the building description found in the February 8, 2007 inspection report compiled by the State Fire Marshals Office as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has developed a plan of action to move to the first floor of this facility.  With the exception of certain structural variances outlined below, the Board is of the understanding that the Applicant shall correct all remaining deficiencies within this facility.
	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 approves the Applicants plan of action to move the daycare/nursery school occupancy of this facility to the first floor of this facility.  The Board hereby grants the Applicant a time variance to work with the Warren Fire Marshal's office in correcting all outstanding deficiencies within this facility, with the exception of those listed below.  Accordingly, the Applicant is directed to correct the remaining deficiencies at the direction, to the satisfaction, and within a timetable established by the Warren Fire Marshal's office.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing proposed windows for rescue on the basis of structural hardship.  In granting this relief, it is the understanding of the Board that the Warren Fire Marshal's office has no objection.
	3.  The Board hereby directs the Applicant to provide this facility with approved smoke detection, installed at the direction and to the satisfaction of the Warren Fire Marshal's office on or before the commencement of classes in September of 2007.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain two (2) unrelated offices across the hall from this occupancy, as long as the Applicant provides any separation deemed necessary by the Warren Fire Marshal's office, on or before the commencement of classes in September of 2007.  The Board notes that the Warren Fire Marshal's office has no objection to this relief based on structural hardship.

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)].