The above-captioned case was scheduled for hearing on June 7, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Sylvester, Jasparro, Walker and Pearson were present. Commissioners Burlingame and Dias, along with Director Coffey, did not participate during the hearing. An initial draft of this decision was prepared by the director for review, editing and final approval by the administrative assistant and the chairman. The fire service was represented by Deputy State Fire Marshal Cynthia Dehler 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 passed.

FINDINGS OF FACT
	Based upon the documents presented and the testimony taken, the Board finds that St. Pauls Church is an existing Place of Worship built in the 1970s. The Board further finds that the church has an existing functional fire alarm system that needs to be upgraded. The Board further finds that the church has portable fire extinguishers (one of which needs to be properly hung), and illuminated exit signage. The Board further finds that the Fire Marshal has determined that additional exit signage may be necessary. 
	The Board finds that the actual seating capacity of the upper level is one hundred seventy-five (175) persons. The Board further finds that the actual capacity of the lower level (calculated with tables and chairs) is ninety-six (96) persons. The Board finds that the Applicant has requested that the above calculations become the posted occupancy levels and that the Applicant shall honor those calculations. The Board finds that all larger functions are currently held at the South Foster Fire Station which is an adjoining property. 
	Finally, the Board finds that there is no licensed daycare or licensed educational occupancy in the building and that the Applicant has requested a time variance of one (1)  year to address the larger upgrade issues within this facility. 

CONCLUSIONS AND VARIANCE REQUESTS
1.  (11-882-VN)  During the June 7, 2011 hearing on this matter the Board was advised and finds that there is no licensed daycare or licensed educational occupancy in this building. However, there is an alcove area, open to the basement hallway, which is occasionally used for religious education. The Board hereby grants a variance to allow the Applicant not to separate this existing alcove area from the basement hallway. 
2.  (11-878-VN) The Board hereby directs the Applicant to correct Deficiency 2, by replacing the cited electrical outlet cover, within thirty (30) days of the date of this Decision.
3. (11-880-VN) The Board hereby directs the Applicant to correct Deficiency 3 by removing the cited storage under the stairs within thirty (30) days of the date of this Decision. 
4. (11-876-VN) The Board hereby directs the Applicant to correct Deficiency 4 by properly hanging the cited fire extinguisher within thirty (30) days of the date of this Decision. 
5. (11-879-VN) The Board hereby directs the Applicant to correct Deficiency 5 by relocating the remote shut off switch, outside of the furnace room in the basement, within thirty (30) days of the date of this Decision. 
6.  (11-881-VN) The Board hereby directs the Applicant to correct Deficiency 6 by providing this facility with additional approved exit signage, recommended by the State Fire Marshals Office, as part of the fire alarm upgrade package, within one year of the date of this Decision. 
7.  (11-874-VN) The Board hereby directs the Applicant to correct Deficiency 7, by upgrading the local fire alarm system within this facility, at the direction and to the satisfaction of the State Fire Marshals Office, within one (1) year of the date of this Decision. In accordance with the Applicants approved plan of action, the Board hereby authorizes the State Fire Marshals Office to extend the above time line for good faith efforts by the Applicant. Finally, the Board hereby directs the Applicant to provide the State Fire Marshals Office with current certification of the existing fire alarm system. 
The Board hereby finds the actual seating capacity of the upper level is one hundred seventy-five (175) persons. The Board further finds that the actual capacity of the lower level (calculated with tables and chairs) is ninety-six (96) persons. Accordingly, the Board hereby confirms that the above calculations shall become the posted occupancy levels and directs that the Applicant shall honor those posed calculations. Finally, the Board notes that all larger functions are currently held, off site, at the South Foster Fire Station which is an adjoining property. 
8.  (11-875-VN) The Board hereby directs the Applicant to correct Deficiency 8 by properly inspecting and certifying the cited fire extinguishers within thirty (30) days of the date of this Decision. 
9.  (11-877-VN) The Board hereby directs the Applicant to correct Deficiency 9 by repairing the cited exit door, to assure that excessive force will not be required to open it in the future, within thirty (30) days of the date of this Decision. 

STATUS OF DECISION AND APPEAL RIGHTS
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)].