The above-captioned case was scheduled for hearing on October 9, 2001 at 1:30 P.M. At that time, a subcommittee of the Board reviewed the Applicant’s request to construct this project under the provisions of NFPA 101, 2000 edition. The subcommittee recommended approval of the use of NFPA 101, 2000 edition. The subcommittee’s recommendations were subsequently approved by a quorum of the Board upon the arrival of a fifth member.  A motion was made by Commissioner Evans and seconded by Commissioner Newbrook to approve the subcommittee’s recommendation as outlined below. The motion to approve was unanimously approved by Vice Chairman Richard and Commissioners Newbrook, Filippi, Evans and O’Connell. 

FINDINGS OF FACT
	
During the October 9, 2001, hearing on this matter, the Board was advised and finds that this is a proposed day care facility.  The Board further finds that this facility shall be fully sprinkled and alarmed. The Applicant has requested to be allowed to construct this facility pursuant to the 2000 edition of NFPA 101. It is the understanding that all fire safety code deficiencies shall be corrected by the Applicant prior to occupancy. 
	
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(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance in order to allow the plan review of this facility to be conducted under the provisions of NFPA 101, 2000 edition. Accordingly, the Applicant is directed to construct this facility pursuant to the above standard.

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)].