The above-captioned case was scheduled for hearing on October 16, 2007 at 1:00 P.M.  At that time, a subcommittee of the Board consisting of Vice Chairman Newbrook and Commissioners Filippi, Preiss and Blackburn were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Filippi to recommend the plan of action outlined below to the full Board.  The motion was unanimous.
	On October 23, 2007, the subcommittee recommendation, outlined below, was presented to the full Board.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Preiss, Jackson, Jasparro, Filippi, Pearson and Walker were present.  A motion to accept the subcommittees recommendation was made by Vice Chairman Newbrook and seconded by Commissioners Jackson and Pearson.  The motion was unanimous.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.
FINDINGS OF FACT
The numbers of the Decision below correspond with those of an August 8, 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 16, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the August 8, 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 
	1-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the State Fire Marshal's office.
	6.  The Fire Marshal has noted on her report that at the time of the compliance inspection, the wires identified in item 6 were low voltage wires for the doorbell of this facility.
	7-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 7, 8, 9 and 10 at the direction and to the satisfaction of the State Fire Marshal's office.
	11.  The Board hereby grants a variance from the provisions of section 17.2.11.1 and its referenced standards in order to allow the Applicant to provide access steps and a platform to the windows of the classrooms to allow for the emergency use of the classroom windows for rescue.  The Board notes that the two (2) rooms currently have two (2) doors to exit to a main egress along a cinderblock corridor.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision to create the steps and platforms to the windows for rescue at the direction and to the satisfaction of the State Fire Marshal's office.
	12.  During the October 16, 2007 hearing on this matter, the Board was advised and finds that there is no assembly occupancy during those points in time that the building is occupied by day care.  Accordingly, the Board directs the Applicant to provide suitable separation between the day care occupancy and the assembly occupancy of this facility.  The above separation shall be approximately one (1) hour construction, at the direction and to the satisfaction of the State Fire Marshal's office.  The Board hereby grants the Applicant a time variance of one (1) year from the date of this decision in order to provide the above approximate one-hour separation between the occupancies, at the direction and to the satisfaction of the State Fire Marshal's office.  
	13.  During the October 16, 2007 hearing on this matter, the Board was advised that the Applicant was planning to provide the commercial cooking equipment within this facility with approved suppression.  Accordingly, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to complete the upgrade of the commercial cooking equipment within this facility.

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)].