The above-captioned case was scheduled for hearing by a subcommittee of the Board on August 9, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Commissioners Blackburn and Newbrook were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshal's office.  The subcommittee recommendations were reviewed by the full Board on August 22, 2006 and approved pursuant to a motion made by Commissioner Newbrook and a second by Commissioner Pearson.  Accordingly, the subcommittee recommendations now have the status of a full Board decision.  

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 21, 2005 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 9, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the July 21, 2005 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 grants a variance from the provisions of section 17.1.2.2 in order to allow the Applicant to have the option of providing separation through either 5/8 sheetrock fastened to the underside of the joist or providing approved Class A tiles to separate the daycare from the lower level, at the direction and to the satisfaction of the State Fire Marshal's office.  The Board further directs the Applicant to provide an approved sprinkler head over the boiler of this facility, at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to make the above corrections.  The Board further grants the State Fire Marshal's office the authority to extend the above timeline if that office determines that the applicant has acted in good faith in attempting to comply with this decision.
	2-7.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4, 5, 6 and 7 at the direction and to the satisfaction of the State Fire Marshal's office.
	8.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 8 by either segregating the egress at the direction of the State Fire Marshal's office or by providing limited domestic sprinkler head coverage at the direction and to the satisfaction of the State Fire Marshal's office.  The Board further grants the State Fire Marshal's office the authority to extend the above timeline if that office determines that the Applicant has acted in good faith in attempting to comply with this decision.

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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].