This case was originally before the Board on September 11, 2001 and a Decision was rendered on September 19, 2001.  The Applicant subsequently requested review of the original Decision which was scheduled for subcommittee review on February 12, 2002 at 1:00 p.m.  At that time, Chairman Farrell and Commissioners Coutu, Fang and Filippi were present. The fire service was represented by the State Fire Marshal’s Office.  A motion to recommend the subcommittee’s findings to the full Board was made by Commissioner Coutu and seconded by Commissioner Fang.  The motion was unanimous.
	
This matter was subsequently reviewed by the full Board on February l9, 2002.  At that time, Vice Chairman Richard and Commissioners Wahlberg, Newbrook, O’Connell, Filippi, Fang and Burlingame were present.  A motion was thereupon made by Commissioner Burlingame and seconded by Commissioner Fang to accept the subcommittee’s recommendation.  The motion was unanimous. 
	
FINDING OF FACT

This matter was originally before the Board on September 11, 2001 and a Decision was issued on September 19, 2001.  The Applicant has returned to the Board to request some clarification or interpretation of a required platform under a window in item #1 in the original Decision.  The Applicant further sought a variance to provide a vinyl accordion door in the play gym area.  The Board was subsequently informed that the vinyl accordion door was installed within the egress system of this facility.  It is the understanding of the Board that all other findings outlined in the original Decision had been maintained by the parties.
	
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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this Decision in which to provide the cited window with an approved platform installed at the direction and to the satisfaction of the State Fire Marshal.  Specifically, the platform shall not be considered approved until the State Fire Marshal’s Office considers it capable of assisting in the evacuation of children from this facility.  The platform presented by the Applicant to the Board was not acceptable.  The platform presented by the Applicant was to narrow and did not provide for easy access by the children.  If the Applicant is concerned about preventing access to the children, the Applicant is free to work with the State Fire Marshal’s Office in exploring alternatives for securing of the platform when not in use.  One example of such an alternative would be providing a gate on the stairs to be opened by the day care providers in the event of an emergency.

2. The Board hereby directs the Applicant to remove the cited vinyl accordion door in egress system of the play gym area.  If the Applicant needs to secure this area, the Board hereby grants a variance to allow him to do so by providing an approved solid core door in place of the vinyl accordion door.

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.

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 Board’s Decision, shall void all variances granted under the above-cited use or occupancy.  If such changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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 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.  [RIGL 42-35-l5(c)].

This decision was mailed on 5-15-02.