The above-captioned case was scheduled for hearing on September 24, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Coutu, Richard, Filippi, Wahlberg, Preiss, and Pearson were present.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno and Chief of Inspections William Howe, both of the State Fire Marshals Office.  The motion was thereupon made by Commissioner Coutu and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.  

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 28, 2002 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 September 24, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the August 28, 2002 inspection report as its initial findings of fact.
	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 defined in Section 23-28.1-4(30 of the Rhode Island General Laws.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the September 24, 2002 hearing on this matter, the Board was advised that this facility is a church with a basement level.  The Board was further advised that the basement level has two (2) means of egress by stairways on the West Side and the East Side of the building.  The Board was further advised that there are three (3) classrooms on the basement level, which the building owners would like to occupy as a day care.  In addition to the stairway egress, each of these rooms has push out windows which open into a five (5) foot wide and sixty-seven (67) foot long space utilized for ventilation and light.
	The Applicant is seeking relief from the provisions of Section 30-1.6.1 in order not to sprinkle the entire building as a result of maintaining a day care occupancy within three (3) rooms in the basement.  The Applicant has proposed just providing sprinkler coverage within the three (3) rooms and maintaining emergency means of egress from these rooms.  The Applicant will further provide an emergency stair, which will be covered to the fullest extent feasible under the State Building Code requirements.  Finally, the Applicant has advised the Board that the day care shall be open between the hours of 7:00 A.M. and 7:00 P.M., shall maintain children between three (3) years of age to elementary school, and provide a maximum of approximately ten (10) children.   In light of the above, the Board hereby grants a variance from the provisions of Section 30-1.6.1 in order to allow the applicant to limit sprinkler coverage to the actual rooms occupied by the proposed day care provided that the Applicant shall maintain an approved emergency means of egress with covered emergency stairs.  In granting this variance, it is the understanding of the Board that this facility shall be fully alarmed and that the occupancy of this facility shall be maintained during the times and at the numbers outlined above.
	2.  It is the understanding of the Board that the Applicant shall correct deficiencies 2, 3 and 4 before occupancy.
	3.  See item 2 above.
	4.  See item 2 above. 
	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.  
	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.   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.  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.  
	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)].