The above-captioned case was scheduled for hearing on October 30, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Filippi, Blackburn, Jasparro, Jackson, Walker and Richard were present.  Commissioner Preiss recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshals Arthur DaCosta and Kaitlyn Foley of the State Fire Marshal's Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jackson 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 an August 6, 2007 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 October 30, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the August 6, 2007 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.  In addition to the above findings, the Board further finds that the children in this facility are located on the first floor in two (2) classrooms with direct egress.  The Board further finds that within two years this building is going to be razed and the daycare occupancy eliminated accordingly.  The Fire Board and the State Fire Marshal's office are addressing the items requested for relief below in light of the fact that the building is to be demolished in the near future.
	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 directs the Applicant to correct deficiency 1 by providing hard wired or wireless smoke detection in the daycare common corridors and stairwells of this facility at the direction and to the satisfaction of the State Fire Marshal within 120 days of the date of this decision.  The State Fire Marshal's office has the ability to extend the above deadline for good cause shown.
	2.  The Board hereby grants the Applicant the option of removing the storage in the cited area or providing a heat detector in this area, at the direction and to the satisfaction of the State Fire Marshal's office within 120 days of the date of this decision.  The Board further grants the State Fire Marshal's office the ability to extend the above deadline for good cause shown.
	3.  The Board hereby directs the Applicant to correct deficiency 3 at the direction and to the satisfaction of the State Fire Marshal's office by providing an additional pull station in the main entrance of the day care within 120 days of the date of this decision.  The Board notes that the State Fire Marshal may extend this deadline for good cause shown.
	4.  In order to address the issue of a manual pull station located on the second floor behind a fire door held open by a magnetic holder, the Board hereby allows the Applicant to remove the magnetic holder and close the door in order to provide approved access for the pull station at the direction and to the satisfaction of the State Fire Marshal's office.  The Board directs the Applicant to correct this deficiency within 120 days of the date of this decision.  The Board hereby authorizes the State Fire Marshal's office to extend the above deadline for good cause shown.
	5.  The Board hereby grants a variance, based on the limited future use of this building, to allow the Applicant not to provide the fire alarm control panel with a key-operated drill switch.  As a condition of this variance, the Board directs the Applicant to work with the local North Kingstown Fire Marshal's office in the conducting of drills within this facility over the next twenty-four (24) months.
	6.  The Board notes that there is no deficiency 6 listed on the August 6, 2007 inspection report.
	7.  The Board hereby grants the Applicant a twenty-four (24) month time variance in order to provide this facility with approved proper separation between the two occupancies.  It is the intent of the Board to allow the Applicant to maintain the current separation until the building is vacated.  This relief is further conditioned upon the Applicants agreement not to allow the children to go to the second level of this facility.
	8.  It is the understanding of the Board that the Applicant has enclosed one stairwell with a hold-open device.  The Board hereby directs the Applicant to close the other doors at the upper level of this facility.  The Board hereby grants the Applicant a time variance of twenty-four (24) months from the date of this decision in order to correct this situation at the lower level, at the direction and to the satisfaction of the State Fire Marshal's office.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13.
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)].