As indicated in the file, a hearing involving the above-captioned property was conducted on February 17, 2015 before a subcommittee of 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 and Commissioners Richard, Sylvester and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Karl Petsching of the North Scituate Fire Marshals Office.
APPLICANT: Dr. Reppa Cottrell.
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 Dr. Reppa M. Cottrell (pastor) of North Scituate Baptist Church, 619 West Greenville Road, North Scituate, RI dated September 12, 2012.
3.	The Application was received by the Board and File  120127 opened on October 2, 2012.
4.	The matter was originally before the Board on December 9, 2014 at which time the matter was reassigned until January 27, 2015 for the Applicant to return with a plan of action.
5.	On January 26, 2015 the Applicant was notified by telephone that the hearing was cancelled due to the Declaration of Disaster Emergency [Executive Order  15-02] and that the matter would be rescheduled with new notice.
6.	A hearing on the Application was conducted on February 17, 2015 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review including Chairman Newbrook and Commissioners Richard, Sylvester and Thornton.  Also in attendance were ADSFM Karl Petsching, Dr. Reppa Cottrell and William Beattie.
7.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Sylvester to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
8.	The subcommittee recommendations were subsequently presented to the Board for acceptance on February 24, 2015 at which time Chairman Newbrook and Commissioners Booth, Filippi, Pearson, Richard, Sylvester and Thornton were in attendance.  At that time a motion was made by Commissioner Thornton and seconded by Commissioner Sylvester to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  120127 and are pertinent to the decision rendered:

1.	Variance Application  120127 dated September 12, 2012 and filed on October 2, 2012.
2.	North Scituate Fire Marshals Office Inspection Report dated November 26, 2014.
3.	Reschedule Notice dated November 21, 2014.
4.	Reschedule Notice dated January 7, 2015.
5.	Reschedule Notice dated January 30, 2015.
6.	Email from ADSFM Karl Petsching to the Board [2/5/2015].
7.	Reschedule Notice dated February 5, 2015.
8.	Applicants floor plans (2 pages).
9.	AHJs Appendix (15 pages of photographs).
10.	Reschedule Notice dated February 5, 2015.

&8195;
EXHIBITS

The following documents were presented at the February 17, 2015 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 numbers of the Decision below correspond with those of the November 26, 2014 inspection report compiled by the North Scituate Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Scituate Fire Marshals Office during the April 28, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the November 26, 2014 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.
2.	The building is an existing 2-story mixed use (assembly / place of worship and business) occupancy.
3.	The building is of Type V (000) construction and is not provided with sprinkler protection and has a compliant fire alarm system.
4.	There is no objection by the North Scituate Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	This deficiency has been corrected.
2.	This deficiency has been corrected.
3.	The Board grants the Applicant a time variance until April 28, 2015 to comply with the provisions of RILSC section 13.1.8.1(5) by returning to the Board with an approved plan of action, at the direction and to the satisfaction of the North Scituate Fire Marshal's Office.
4.	The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC section 13.1.8.1(5) by returning to the Board with an approved plan of action, at the direction and to the satisfaction of the North Scituate Fire Marshal's Office.
5.	The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC section 13.1.8.1(5) by returning to the Board with an approved plan of action, at the direction and to the satisfaction of the North Scituate Fire Marshal's Office.
6.	The Board hereby grants the Applicant the time variance outlined in item 3 above to comply with the provisions of RILSC section 13.1.8.1(5) by returning to the Board with an approved plan of action, at the direction and to the satisfaction of the North Scituate Fire Marshal's Office.
7.	This deficiency has been corrected.
8.	The Board hereby grants the Applicant the time variance as set forth in item  3 to comply with the provisions of RILSC section 13.1.8.1(6) by returning to the Board with an approved plan of action, at the direction and to the satisfaction of the North Scituate Fire Marshals Office.
9.	This deficiency has been corrected.
10.	The Board grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC section 13.1.8.1(10) by installing an approved remote shutoff switch for the boiler, at the direction and to the satisfaction of the North Scituate Fire Marshal's Office.
11.	The Board grants the Applicant a time variance of sixty (60) days from the date of the decision to comply with the provisions of RILSC section 13.1.8.1(11) by installing an approved self-closing device for the boiler room door, at the direction and to the satisfaction of the North Scituate Fire Marshal's Office.
12.	This deficiency has been corrected.

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 6-2-22).
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 6-2-23.)  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 6-2-24).
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 6-2-25).
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.  (See: Board Rules and Regulations, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].