The above-captioned case was scheduled for hearing on August 18, 2009 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Jackson, Dias, Walker, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the August 18, 2009 hearing on this matter, the Board was advised that the Applicant has provided full sprinkler coverage to a two-story wooden church.  The Board was further advised that the coverage extended to the church sanctuary and the classrooms below.  The Board was further advised and finds that there is an attached function hall and offices that were built approximately one hundred years after the original church.  The Board was further advised and finds that during the renovation of the church, these areas were not equipped with a new sprinkler system, although provisions were made for the intended future installation.  The Board was further advised and finds that the buildings are attached at two points by 36 fire door assemblies.  The Board was further advised and finds that the system within the church meets the State Fire Code.  
	By letter dated June 19, 2009, the Applicant was advised by the Providence Fire Marshal's office that the office would not approve a partial sprinkler system without approval by the State Fire Board.  The Applicant and the Providence Fire Marshal appeared before the Board on August 18, 2009 and the Providence Fire Marshal's office indicated that it would not object to the proposed relief.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the sprinkler coverage of this church as presented.  The Board notes that as a Place of Worship no sprinkler coverage is necessary.  However, the Board finds that preventing the Applicant from activating the sprinkler system in the sanctuary and classroom area, on the basis that the system was not extended to the remainder of the facility, even though the areas are separated, would not forward the interest of fire safety for the facility or its occupants.  Accordingly, the Applicant is allowed to activate this sprinkler system as presented by the Applicant and the Providence Fire Marshal's office during the August 18, 2009 hearing.

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 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.  (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 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.  (See: Board Rules and Regulations, section 6-2-20).
	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)].