The above-captioned case was scheduled for hearing on April 1, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Jasparro and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Arthur DaCosta of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed with Vice Chairman Newbrook abstaining.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 28, 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 April 1, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the September 28, 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. 
	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 April 1, 2008 hearing on this matter, the Board was advised that originally there was one (1) layer of sheetrock between the assembly and the day care occupancies.  The Board was further advised that there is now a double 5/8 sheetrock assembly on the walls and that the floors are of concrete construction.  Accordingly, the Board hereby approves the separation between the daycare and the assembly occupancy as new separation.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the bathroom doors with readily accessible opening devices.
	3.  During the April 1, 2008 hearing on this matter, the Board was advised that the Applicant planned to provide sprinkler coverage throughout the entire floor of the daycare occupancy which would qualify as an exception to the windows for rescue requirement.  Accordingly, the Board hereby grants the Applicant a time variance of eight (8) months from the hearing date in order to complete this plan of action for sprinkler coverage.  The Board directs the Applicant to provide the State Fire Marshal's office to provide plans for sprinkler coverage within thirty (30) days.  The Board notes that the sprinkler coverage shall be completed prior to the new daycare room occupancy.
	4-9.  The Board hereby grants the Applicant a time variance of eight (8) months from the date of the hearing in order to correct deficiencies 4, 5, 6, 7, 8 and 9 at the direction and to the satisfaction of the State Fire Marshal's office.  The Board directs the Applicant to further provide the State Fire Marshal's office with plans outlining the above correction within thirty (30) days.
	10.  The Board hereby allows the Applicant to continue to utilize the secured access for the daycare portion of this facility only.

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)].