The above-captioned case was scheduled for hearing on October 23, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Walker, Jasparro, Jackson, Sylvester, Burlingame and Richard were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Walker 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 April 30, 2012 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the October 23, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the April 30, 2012 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  (10-1001-VN).  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 to the State Fire Marshals Office for providing one-hour separation, including an enclosed stair restricted to parents of children within this facility.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board notes that the State Fire Marshals Office may extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2.  (11-76-VN).  During the October 23, 2012 hearing on this matter, the Board was advised that the sanctuary door is equipped with a large deadbolt and thumb lock.  The Board was further advised that the place of worship area of this facility which maintains the above door and the day care occupancies were never operating at the same time.  Accordingly, the Board determines that the cited dead bolt would be permitted under the Place of Worship exceptions and therefore the Applicant would not be required to provide this door with approved panic hardware.
	3.  (11-787-VN).  Based upon the testimony of the parties, it is the determination of the Board that the subject facility shall always maintain an occupancy load of below three hundred (300) people and that the Place of Worship areas of this facility shall not be occupied simultaneously with the day care areas of this facility.  Accordingly, the Board hereby grants a variance in order to allow this facility not to be sprinklered, conditioned upon the elimination of any simultaneous occupancy of the daycare and Place of Worship and that the total occupancy of this facility shall not exceed three hundred (300) people at any one time.
	4.  (10-1025-VN).  The Board hereby reaffirms its prior variance in file number 050185 in order to allow the owner to maintain the existing egress configuration of this facility based upon structural hardship.
	5.  (12-943-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 5.
	6.  (12-944-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 6.
	7.  (12-945-VN).  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 to the State Fire Marshals Office for the correction of deficiency 7 by properly marking the doors to the small balcony in Judson Hall with a sign saying No Exit.  The Board further grants the Applicant an additional 150 days in which to implement that plan of action.
	8.  The Board hereby grants the Applicant a time variance until June 30, 2013 in which to upgrade the existing fire alarm system of this facility at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further notes that the State Fire Marshals Office shall have the authority to extend the above timelines for good faith efforts being shown by the Applicant.  In granting this relief, it is the understanding of the Board that the facility currently maintains an older fire alarm system with municipal connections.

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)].