The above-captioned case was scheduled for hearing on August 30, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richards, Blackburn, Burlingame, Preiss, Newbrook and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the objection vote of Commissioner Preiss.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 20, 2004 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 August 30, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the April 20, 2004 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, is 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.  The Board hereby directs the Applicant to correct deficiency 1 by providing the fire alarm system of this facility with an approved drill switch, installed at the direction and to the satisfaction of the State Fire Marshal.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by properly inspecting and tagging the fire extinguisher on the second floor of this facility and by mounting the fire extinguisher in the infant room under approved signage, at the direction and to the satisfaction of the State Fire Marshal.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by removing the cited cabinet from blocking the exit door.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing the cited art room and multi-purpose room with emergency lighting and horn strobes, installed at the direction and to the satisfaction of the State Fire Marshals office.
	5.  During the August 30, 2005 hearing on this matter, the Board was advised that the Applicant maintains a ten-burner gas stove within this facility.  The Board was further advised and finds that the Applicant is preparing foods that do not generate grease laden vapors and has provided the State Fire Marshal and the Providence Fire Marshal with weekly menus for its program of feeding the homeless once a week.  The Board was further advised and finds that the stove shall not be utilized during the same periods that the day care is occupied.
	In light of the above, the Board hereby grants the Applicant a time variance of eighteen months from the date of this decision to either provide the ten-burner stove with an approved hood and duct suppression system or to remove the stove at the direction and to the satisfaction of the State and Providence Fire Marshals office.  In granting this relief, the Board notes that if there is any change from the above described situation, this variance shall be null and void and the Applicant shall immediately disconnect the stove at the direction and to the satisfaction of the State and Providence Fire Marshals office.  In the event the Applicant chooses to relocate the stove within this facility, the Applicant is also directed to provide the stove with an approved hood and duct system immediately at the relocated area.

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)].