The above-captioned case was originally scheduled for hearing on March 24, 2009 at 1:00 P.M.  At that time, it was determined that a Subcommittee of the Board should conduct a site inspection of this facility.  Accordingly, a Subcommittee, consisting of Chairman Coutu, 
Vice Chairman Newbrook, along with Commissioners Pearson, Jackson and Dias conducted the on-site inspection and review on March 31, 2009 at 10:00 AM.  The fire service was represented by Chief of Inspection Scott Caron of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Frank Dunton of the Woonsocket Fire Marshals Office. The Subcommittees recommendations were presented to a full Board, during its regularly scheduled meeting, on March 31, 2009 at 1:00 P.M.  A motion was made by Commissioner Walker and seconded by Vice Chairman Newbrook to accept the Subcommittees recommendation and to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of Decision below correspond with those of an April 28, 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 on-site Subcommittee inspection and review of this matter.  Accordingly, the Board hereby incorporates the April 28, 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 correct 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 this code, or as approved in particular by the State Fire Marshal or his or her designee.
CONCLUSIONS AND VARIANCE REQUESTS
1.	It is the understanding by the Board that Deficiency 1 has been corrected by the Applicant to the satisfaction of the State Fire Marshals Office.
2.	It is the understanding by the Board that Deficiency 2 has been corrected by the Applicant to the satisfaction of the State Fire Marshals Office.
3.	It is the understanding by the Board that Deficiency 3 has been corrected by the Applicant to the satisfaction of the State Fire Marshals Office.
4.	The Board hereby grants a variance for the provisions of sections 13.2.2.3.1, 7.2.2.5.1.1 and 7.1.3.2.1 in order to allow the Applicant to maintain the egress stairs within this facility as modified herein.  In granting this variance, the Board directs the Applicant to maintain the existing fire barriers that divide the egress system on all levels of this facility.  In addition, the Board directs the Applicant to maintain the full coverage sprinkler and updated municipally-connected fire alarm systems that were previously installed within this complex.  The Board further directs the Applicant to provide pass through doors between the Game Room and the Gym on the first floor and between the Multi-Purpose Room and the Art Room on the second floor.  
	The Board further r directs the Applicant to provide all of the smoke barrier pass-through doors, and all of the doors entering directly into the egress system with approved spring-loaded hinges at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further directs the Applicant to provide an approved smoke barrier at the basement level of the south-western egress stairway.  The above fire safety upgrades shall be made, in accordance e with an approved plan of action, at the direction and to the satisfaction of the State Fire Office within sixty (60) days of the date of this decision. 
5.	In light of the additional safeguards, as outlined in Item 5 above and incorporated herein  by reference, the Board hereby grants a variance from the provisions of section 17.1.2.2 in order to allow the daycare portion of this facility to maintain the existing separation from the assembly portions of this facility.
6.	The Board hereby grants a variance from the provisions of sections 17.2.1, 7.2.1.1.1 and 7.1.5.1 in order to allow the Applicant to maintain the cited headroom at the top of the ramp, with the existing signage.
7.	The Board hereby grants a variance from the provisions of sections 17.2.2.3.1, 7.2.2.1.1 and 7.1.5.3 in order to allow the Applicant to maintain the cited headroom on the stairs leading from the basement to the fires floor, with the existing signage and an additional lighting unit installed at the direction and to the satisfaction of the State Fire Marshals Office.
8.	The Board hereby grants a variance from the provisions of sections 13.2.5.1 and 7.5.1.3.3. in order to allow the Applicant to maintain the cited exit doors on the third floor of this facility.  In granting this relief on the basis of structural hardship, the Board notes that the third floor level is a single open room with four exit doors, each serving a separate quadrant of the room.  The Board notes that the occupants have the choice of exiting through two separated egress stairs from this fully sprinkled and alarmed level.
	As a condition of this relief, the Board directs the Applicant to provide the State Fire Marshals Office with both the flame spread and the smoke rating of the material covering the insulation, and the insulation itself, on the third level within ten (10) days of the date of this Decision.  In the event that a plan of correction is necessary, the Board hereby grants the State Fire Marshals Office the authority to approve such a plan and to further establish any necessary time the Applicant would need to implement such a plan of correction.	

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)].