The above-captioned case was scheduled for hearing on August 14, 2001 at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Wahlberg, O’Connell, Coutu, Richard and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mackey of the Westerly Fire Marshal’s Office and Chief of Inspections William Howe of the State Fire Marshal’s Office.  A motion was made by Commissioner Richard 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 a February 5, 2001 inspection report compiled by the State Fire Marshal’s Office. The above report was utilized by the Board, the Applicant, the Westerly and State Fire Marshal Offices during the August 14, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the February 5, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1-4. It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3 and 4 to the satisfaction of State Fire Marshal's Office.

5. The Board hereby grants a variance from the provisions of sections 11-7.1.2(a) and 6-2.3 in order to allow the Applicant to maintain the cited ceiling in the unfinished Office area outside of the boiler room.  In granting this variance, it is the understanding and direction of the Board that the basement Shelly be utilized for storage an office space.  The Day care operation is located on the first floor.  Finally, the Board notes that this facility is the full supervise fire alarm system and that the cited ceiling assembly is comparable to an L.-209 design.

6-8. It is the understanding of the Board that the Applicant has corrected deficiencies 6, 7 and 8 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)].

This decision was mailed on 9-19-01.