The above-captioned case was scheduled for hearing on December 30, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Richard, Pearson, Filippi and Evans were present.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT
	
It is the understanding of the Board that this facility is approximately twelve thousand (12,000) square feet in area with a construction classification of 3B.  It is the further understanding of the Board that approximately eight thousand (8,000) square feet of this building shall be devoted to the day care occupancy and that this facility is fully sprinklered.  The Board further finds that approximately 128 children and 11 staff members occupy this building.  Finally, the Board finds that this facility also maintains an existing partial basement which is serviced by only one fire rated stair hall which does not exit directly into an egress passageway.  The basement shall be limited in use to storage and is only allowed to be accessed through the reception and nurse’s rooms of this facility.  The basement is approximately twenty four hundred (2400) square feet.  
	
The Applicant has come before the Board requesting relief to maintain the current egress from the above basement and to further allow this building to be reviewed under the existing occupancy sections of the 2003 Life Safety Code.  Finally, the Applicant has advised the Board that he would improve the 3B construction by providing an approved Class “A” ceiling within this facility. 

CONCLUSIONS AND VARIANCE REQUESTS

1.  The Board hereby grants a variance in order to allow the Applicant to have this facility reviewed under the existing provisions of the 2003 NFPA Life Safety Code.
	
2.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing egress configuration from the existing partial basement of this facility.  In granting this variance, it is the understanding and direction of the Board that the basement is and shall remain fully sprinklered and that it shall not be occupied with the exception of storage.  It is the further understanding of the Board that the access to the basement shall be limited and is only achieved by passing through the reception and the nurse’s rooms.  Finally, as a condition of the variances granted herein, the Board directs the Applicant to improve the 3B construction of this facility by providing an approved Class “A” ceiling at the direction and to the satisfaction of the State Fire Marshal’s office.

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 Applicant’s 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 Board’s 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 Board’s 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)].