The above-captioned case was scheduled for hearing on August 16, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal John McConaghy of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	It is the understanding and finding of the Board that the subject facility is a nursery school located in the basement of an existing place of worship.  The Board was further advised and finds that the building is of wood and masonry construction and is fully alarmed.  Finally, the Board finds that fourteen (14) deficiencies, covering this facility, were outlined in a July 26, 2004 inspection report compiled by the Pawtucket Fire Marshals office.  Accordingly, the numbers of the Decision below correspond with those of the July 26, 2004 inspection report.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by establishing the rating of the egress passageways.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing dimension of the treads and risers in the stairways of this facility.
	3.  The Board finds deficiency 3 to be informational in nature.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by repairing the cited exit signs.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by repairing the cited emergency lighting.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing additional emergency lighting.
	7. It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing approved fire alarm testing documentation.
	8.,  The Board hereby grants the Applicant a time variance until December 31, 2005 to correct deficiency 8 by addressing the decorative and acoustical material within this facility.
	9.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cooking stove on the condition that the stove shall not be utilized to cook food for the school and shall not be utilized while the school occupancy is in session.
	10.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing width of the cited exit doors.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing this facility with approved panic hardware, installed at the direction and to the satisfaction of  the Pawtucket Fire Marshals office on or before December 31, 2005.
	12.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing exit access corridor width.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 by providing documentation of the buildings interior wall and ceiling finishes.
	14.  The Board notes that the lower level nursery school occupancy maintains an approved exit directly to the outside and therefore shall not be required to provide sprinkler coverage.

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)].