The above-captioned case was scheduled for hearing on June 12, 2001 at 1:30 P.M. At that time, Vice Chairman Richard and Commissioners Newbrook, O’Connell, Coutu, Pearson, Burlingame and Filippi were present.  The fire service was represented by Deputy State Fire Marshal George Hoyle of the State Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed over the objection of Commissioner Burlingame.

FINDINGS OF FACT
	
During the June 12, 2001 hearing on this matter, the Board was advised that the Applicant sought variance from the original building classification use group and related code constituents in order to construct the proposed facility as outlined in its May 7, 2001 correspondence to the Board. The above May 7, 2001 correspondence was utilized by the Board, the Applicant and the Fire Marshal’s Office during the June 12, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the May 7, 2001 correspondence as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	
The Board further finds that this is a proposed one-story, 1600 square foot structure that shall be utilized for 10 to 15 minutes ceremonies with an occupancy of up to 300 people.  Egress from this facility is achieved through two pairs of three foot doors.  In light of the limited occupancy of this existing facility, the State Fire Marshal's office has suggested that the Board grant relief from all  place of assembly requirements.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the original building classification use group and related code constituents in order to allow the Applicant to construct this facility in accordance with the May 7, 2001 correspondence (attached) at the direction and to the satisfaction of the State Fire Marshal.  Specifically, the Applicant shall not be required to adhere to the new place of assembly requirements.

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 Applicant’s 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 Board’s 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 Board’s 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)].