The above-captioned case was scheduled for hearing on September 13, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Jackson, Sylvester, Burlingame and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Morin of the Woonsocket Fire Marshals Office.  A motion was made by Vice Chairperson Filippi and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 25, 2008 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the September 13, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the August 25, 2008 inspection report 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.  During the September 13, 2011 hearing on this matter, the Board was advised and finds that the subject facility currently maintains eighty to one hundred (80-100) members.  The Board was further advised and finds that the Applicant is requesting relief from the master box system which was required pursuant to calculations that assumed simultaneous occupancy of both levels of this facility, thereby creating an occupancy in excess of three hundred (300) people.  In light of the above, the Board hereby grants a variance in order to allow the Applicant to maintain the current stated occupancy of this facility at below three hundred conditioned upon the Applicant at no time simultaneously occupying the upper and lower levels.  In light of the above variance, the Applicant shall be allowed to provide this facility with an approved local fire alarm system to address the actual occupancy of this facility.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the installation of a fire alarm system and key box to the Woonsocket Fire Marshals Office for approval.  The Board further grants the Applicant an additional 120 days in which to install the above local fire alarm system and key box at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	2.  It is the understanding of the Board that deficiency 2 is moot in that there is no other licensed occupancy within this facility.
	3-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4 and 5.
	6-8.  It is the understanding of the Board that items 6, 7 and 8 are not deficient.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by posting No Smoking signs within this facility.
	10.  It is the understanding of the Board that item 10 is not deficient.
	11-12.  It is the understanding of the Board that the Applicant has corrected deficiencies 11 and 12 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	13.  Item 13 is moot in that a sprinkler system is not required in this Place of Worship.
	14.  Item 14 is moot in that the Applicant complies with the cooking requirements of the Code.
	15.  It is the understanding of the Board that item 15 is not deficient.

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)].