As indicated in the file, a hearing involving the above-captioned property was conducted on June 24, 2014 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairperson Filippi and Commissioners Booth, Burlingame, Pearson, Richard, Sylvester and Thornton.
Department of Administration Deputy Chief Legal Counsel Peter N. Dennehy.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.
APPLICANT: Rev. John F. Houlker.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Mr. David C. Maine (President) of Warwick Central Baptist Church, 3270 Post Road, Warwick, RI on January 12, 2009.
3.	The Application was received by the Board and File  090022 opened on January 20, 2009.
4.	The matter was previously heard by the Board on October 23, 2012 at which time Decision  090022 was issued dated February 14, 2013.
5.	On May 7, 2014 Rev. John F. Houlker requested that the file be reopened in relation to violation  10-1001.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Richard and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  090022A and are pertinent to the decision rendered:

1.	Variance Application  090022 dated January 12, 2009 and filed on January 20, 2009.
2.	Decision  009922 dates February 14, 2013.
3.	State Fire Marshals Office Inspection Report  14-722-IS dated May 16, 2014.
4.	Letter sent by rev. John F. Houlker to the Board dated May 7, 2014.
5.	Reschedule Notice dated May 19, 2014

EXHIBITS

The following documents were presented at the June 24, 2014 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The matter was previously heard by the Board on October 23, 2012 at which time Decision  090022 was issued dated February 14, 2013.
2.	The above Decision was utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the June 24, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the February 14, 2013 Decision 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.
3.	[10-1001-VN]  In the initial Decision, the Applicant was given a time variance of one hundred eighty (180) days to develop and implement a plan of action for providing a 1-hour fire rated separation between the day care occupancy and the office area.
4.	The lack of separation is limited to three (3) doors located between the two spaces: stage area, Judson Hall and the kitchen.
5.	The Applicant has testified that there is no simultaneous use of the day-care area and the adjacent spaces.
6.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

DETERMINATIONS ON VARIANCE REQUESTS

1.	[10-1001-VN]  The Board grants the Applicant a variance from the provisions of RILSC section 17.1.2.2 (1) allowing the existing separation and doors to remain in use.

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).

STATUS OF DECISION AND APPEAL RIGHTS

1.	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).
2.	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).
3.	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).
4.	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)].