The above-captioned case was scheduled for hearing on April 19, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Jackson, Jasparro, Walker, Filippi and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Mackay of the Westerly Fire District Fire Marshals Office along with Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was passed with Commissioner Blackburn abstaining.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of an October 6, 2010 inspection report compiled by the State Fire Marshals Office.  The above report, along with the Applicants plan of action and appeal list were utilized by the Board, the Applicant, the Westerly Fire District Fire Marshals Office and the State Fire Marshals Office during the April 19, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the October 6, 2010 inspection report and the Applicants plan of action and appeal list 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.  The Board hereby grants the Applicant an overall time variance of thirty (30) days from the date of this decision in which time the Applicant shall present a plan of action for the correction of all of the remaining deficiencies within this facility.  The Board grants the Applicant an additional 150 days from the above timeline in which to implement the above plan of action, at the direction and to the satisfaction of the Westerly and/or State Fire Marshals Office.  Finally, the Board grants the Westerly and/or the State Fire Marshals Office the ability to extend the either or both of the above timelines for good faith efforts being shown by the Applicant.
	The Board notes that during the April 19, 2011 hearing on this matter, the State Fire Marshals Office advised it that in the rear of the assembly area there is a stair enclosed at the bottom but open at the church narthex.  The Board hereby directs the Applicant to address this deficiency by installing approved ninety-minute fire doors in this area, at the direction and to the satisfaction of the Westerly and/or State Fire Marshals Office in order to provide sufficient separation between the occupancies.
	2-3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 2 and 3. 
	4.  (10-2450-VN)  The Board hereby grants a variance in order to allow the Applicant to maintain the existing commercial cooking equipment without a suppression system conditioned upon its use being limited to the Place of Worship within the parameters established for the use of this equipment within a Place of Worship.
	5.  (10-2458-VN).  The Board hereby grants a variance in order to allow the Applicant to limit the modification of the handrails to the area surrounding the nursery school occupancy, at the direction and to the satisfaction of the State and/or Westerly Fire Marshals Office.  The Board hereby grants a variance in order to allow the Applicant to maintain the remaining handrail system serving the church.
	6-7.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 6 and 7 at the direction and to the satisfaction of the State and/or Westerly Fire Marshals Office.
	8.  (10-2449-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing commercial cooking equipment without a hood and exhaust system based upon its limited use by the Place of Worship.  The Board notes that the cooking equipment shall not be utilized by the educational occupancy and that the Place of Worship shall comply with the standards outlined for this use.
	9.  (10-2452-VN).  The Board hereby grants the Applicant a variance in order to utilize the existing construction of the corridors and walls within this facility.  As a condition of this variance, the Board directs the Applicant to replace and/or upgrade to code all of the doors leading from the classrooms to the corridors and exits of this facility, at the direction and to the satisfaction of the State and/or Westerly Fire Marshals Office within the time frames outlined in item 1 above.
	10-18.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 10, 11, 12, 13, 14, 15, 16, 17 and 18, at the direction and to the satisfaction of the State and/or Westerly Fire Marshals offices.
	19.  The Board notes that the original posting of this facility has been upgraded by the State Fire Marshals Office.  However, during the April 19, 2011 hearing on this matter, the Applicant and the State and Westerly Fire Marshals offices agreed that the maximum occupancy for this facility would be posted at two hundred (200) people and that in light of that occupancy, a sprinkler system would not be required.
	20-23.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 20, 21, 22 and 23 at the direction and to the satisfaction of the State and/or Westerly Fire Marshals 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 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)].