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 Assistant Deputy State Fire Marshal Michael Frink of the Dunns Corners 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 an July 17, 2006 inspection report compiled by the Dunns Corners Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Dunns Corners Fire Marshals Office during the August 9, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the July 17, 2006 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 sections 7.2.1 and 7.5 in order to allow the Applicant to maintain the existing width of the doorway from Room 1 to the outside and to continue to allow it to exit through a changing room.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the rooms will remain unlocked and without locks for full and easy access.
2.  During the August 9, 2006 subcommittee hearing on this matter, the Board was advised that this facility is totally sprinklered and maintains a municipally connected fire alarm system.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain an exit through a window from Room 2 on the third floor of this facility.  In granting this variance, the Board notes that the window is forty-eight inches by thirty inches and that it exits directly to an outside stair leading to a deck.
	3.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited width of the stairs leading from the third floor of this facility.  The Board hereby directs the Applicant to correct the remainder of deficiency 3 by providing the existing door jamb with an approved solid core wood door and spring loaded hinges within 120 days of the date of this decision.  The Board hereby grants the Dunns Corners Fire Marshal the authority to extend the above deadline for good cause shown.
	4.  The Board hereby grants a variance from the provisions of section 7.2.1.4 in order to allow the Applicant to maintain the existing swing of the cited front door of this facility.  Again, this variance is based on structural hardship and in light of the fact that the building is fully sprinklered and further protected by a municipally connected fire alarm system.  

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)].