The above-captioned case was scheduled for hearing by a subcommittee of the Board on February 8, 2006 at 9:00 A.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn and Burlingame were present.  The fire service was represented by Deputy State Fire Marshal James Moore of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.  The subcommittee recommendations were thereupon reviewed by the full Board on February 14, 2006 and approved pursuant to a motion made by Commissioner Burlingame and seconded by Commissioner Blackburn.  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 a July 12, 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 February 8, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the July 12, 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing the fire alarm system of this facility with an approved fire drill switch, at the direction and to the satisfaction of the  State Fire Marshal's office.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing approved smoke and carbon monoxide detection in the day care rooms of this facility at the direction and to the satisfaction of the State Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the cited door with a sign stating No Exit to the satisfaction of the State Fire Marshal's office.
	4.  The Board hereby grants the Applicant a time variance in order to either provide the State Fire Marshal's office with certification of the walls and ceilings in the large day care room or to treat or test the walls and ceilings at the direction and to the satisfaction of the State Fire Marshal's office prior to the re-occupancy of the large daycare 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)].