The above-captioned case was scheduled for hearing on July 26, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairman Filippi and Commissioners Richard, Burlingame, Jasparro, Walker, Pearson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Peter Marietti of the Warwick 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 passed over the opposition vote of Commissioner Richard.

FINDINGS OF FACT
	This facility was most recently inspected by the Warwick Fire Marshals Office on January 27, 2011.  At that time, it was inspected as an existing educational/business mixed use occupancy.  The Applicant has appealed this classification and requested that the Board approve the reclassification of this facility as an existing Place of Worship.  The Applicant has advised the Board that the original educational occupancy of this facility was abandoned in 1986.  The Board was further advised and finds that prior to that date, there were always parish functions in the building, including parish dinners, prayer group meetings, religious education.  The Board was further advised and finds that the church building has no lower level and therefore the subject facility was utilized for the above fellowship purposes.
In light of the above, the Applicant is requesting that the building formerly used as a school by St. Benedicts parish be re-inspected in accordance with its current use, that of a Place of Worship.  The Applicant is basing this request upon the current definition of a Place of Worship within the code.  The Applicant is further requesting that the original timetable state for a Place of Worship be extended and that the Applicant be granted one (1) year from the date of the revised inspection report covering the structure to bring the facility into compliance with the fire code, with the exception of an installation of a fire alarm system.  The Applicant is requesting to be given an additional year to bring the facility into full compliance with the fire alarm requirements.  The above requests were made pursuant to the original timelines granted to Places of Worship for compliance with the code upon completion of inspections.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby classifies the subject facility as an existing Place of Worship and hereby approves the suggested time frame to bring this facility into compliance.  Specifically, the Applicant will be given one (1) year from the date of the revised inspection report to bring the structure into compliance with all fire code requirements except the installation of a fire alarm system.  The Board grants the Applicant an additional year to bring the structure into full compliance with the fire alarm requirements outlined in the revised inspection report.  As a condition of this variance, the Board directs the Applicant to start its design phase now and to provide approved fire extinguishers 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 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)].