The above-captioned case was scheduled for hearing before a subcommittee of the Board on October 21, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Dias and Filippi were present.  The fire service was represented by deputy State Fire Marshal Paul Manning of the State Fire Marshals Office along with Assistant Deputy State Fire Marshals Jeffrey Lynch and Joseph Bento of the Portsmouth Fire Marshals office.  A motion was made by Commissioner Filippi and seconded by Commissioner Dias to recommend the relief outlined herein to the full Board.  The motion was unanimous.

The above recommendations were thereupon presented to the full Board on October 26, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Richard, Jasparro, Dias and Walker were present.  A motion to approve the subcommittee recommendations was made by Commissioner Richard and seconded by Commissioner Jasparro.  The motion was unanimous.  Accordingly, the subcommittee determination now has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of both a July 7, 2010 inspection report compiled by the State Fire Marshals Office along with an August 30, 2010 plan of action addressing the deficiencies outlined in the above report.  The above reports were utilized by the Board, the Applicant, the State Fire Marshals Office and the Portsmouth Fire Marshals Office during the October 21, 2010 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the July 7, 2010 inspection report along with the August 30, 2010 plan of action as its initial findings of fact.  Any modification of the Boards 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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  (10-1593-VN)  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action for the correction of deficiency 1 by providing double action pull stations as required.  The Board further grants the Applicant an additional 120 days in order to implement the above plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.
	2.  (10-1594-VN)  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to properly test and certify the fire extinguishers within this facility.
	3.  (10-1595-VN)  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to properly mount the cited fire extinguisher at the direction and to the satisfaction of the State Fire Marshals Office.
	4.  (10-1596-VN)  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to change the cited extinguisher to a K type extinguisher and to store it outside of the kitchen, at the direction and to the satisfaction of the State Fire Marshals Office.
	5.  (10-1597-VN)  The Board hereby grants the Applicant the time variance as outlined in item 1 above in order to correct deficiency 5 by addressing the fire suppression system in this facility.
	6.  (10-1598-VN)  The Board hereby grants the Applicant the time variance as outlined in item 1 above in order to correct deficiency 6 with regards to the flame spread rating of the school corridor.
	7.  (10-1599-VN)  The Board hereby grants the Applicant a time variance of thirty (30) days in order to address the remaining school corridor issues as outlined in the State Fire Marshals report.
	8.  (10-1600-VN)  The Board hereby grants the applicant a time variance of thirty (30) days in order to bring the art work and teaching materials locate within the classrooms of this facility into compliance with the code.
	9-10.  (10-1601-VN)  (10-1602-VN)  The Board hereby grants the Applicant the time variance as outlined in item 1 above in order to allow the Applicant to correct deficiencies 9 and 10 as they relate to the south exit to the play area, at the direction and to the satisfaction of the State Fire Marshals Office.
	11.  (10-1603-VN)  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 11 by removing the cited materials from the exit area.
	12.  (10-1604-VN)  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 12 with regard to the electrical switchboard of this facility.
	13.  (10-1605-VN)  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 13 by providing this facility with an approved fire alarm pull station at the south exit to the play area.
	14.  (10-1606-VN)  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 14 at the direction and to the satisfaction of the State Fire Marshals Office.
	15.  (10-1607-VN)  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 15 by properly marking the cited exits and emergency lighting within this facility.
	16.  (10-1608-VN)  The Board hereby grants a variance in order to allow the Applicant to maintain the existing dimensions of the cited classroom 7 window.  In granting this relief, it is the understanding of the Board that the State Fire Marshals Office has no objection.
	17.  (10-1635-VN)  The Board hereby grants the Applicant a variance in order to either re-swing the corridor doors or to provide exterior doors with a variance on the height of those doors to approximately seventy-eight inches (78).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to develop and implement a plan for the correction of this deficiency in light of the above relief granted.  Finally, the Board notes that the State Fire Marshals Office has no objection to this relief based on structural hardship.
	18.  (10-1636-VN)  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to provide the fire alarm system of this facility with an approved key operated drill switch.
	19.  (10-1637-VN)  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to address deficiency 19 to the satisfaction of the State Fire Marshals Office.
	20-  (10-1638-VN)  The Board notes that during the hearing on this matter, the parties addressed deficiency 10-1638-VN and the Board granted the Applicant a time variance of thirty (30) days to develop a plan of action for the new layout of the space and a reduction of the combustibles to the satisfaction of the State and Portsmouth Fire Marshals offices and an additional 120 days to implement that plan of action.  
	21.  (10-1639-VN)  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to provide the thrift shop with an approved portable fire extinguisher installed at the direction and to the satisfaction of the State Fire Marshals Office.
	22.  (10-1640-VN)  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 22 by emptying and sealing off the closet space in order to prevent its further use for combustible storage.
	23.  (10-1641-VN)  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 23 as outlined in deficiency 22 above.
	24.  (10-1642-VN)  The Board hereby grants the Applicant a time variance of thirty (30) days in order to develop a plan for the correction of deficiency 24 and an additional 120 days in order to implement that plan by providing an approved rating for the cited curtain on the stage of the multi-purpose room.
	25.  (10-1644-VN)  The Board hereby directs the Applicant to correct deficiency 25 by properly documenting its inspection of the exits and means of egress prior to any scheduled non-church events.  Specifically, the Applicant shall not be required to do this for church events.  However, the Applicant shall be required to do this in the event of a school or outside event.
	26.  (10-1645-VN)  The Board hereby grants the time variance outlined in item 1 above in order to correct deficiency 26 by providing approved fire resistant ratings for the cited decorations, walls, furnishings and ceilings of the stage of the multi-purpose room.
	27.  As a condition of the variances outlined above, the Board directs that the gym would be limited to two hundred (200) people as outlined in the original decision with a posting of two hundred (200).  The Board notes that the Applicant agrees to this reduced number.  The Board further directs the Applicant to remove the stove from the thrift shop area as long as that area is being utilized for storage, within thirty (30) days of the date of this decision.

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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).