The above-captioned case was originally scheduled for hearing on April 26, 2011 and a decision was entered in file number 110001.  The Applicant has now returned with a new plan of action, outlined below, and is requesting additional time.  Accordingly, the above captioned case was most recently scheduled for hearing on November 29, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jackson, Jasparro, Walker and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Christopher Hiener of the Union Fire District Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 110001 as its initial findings of fact in this case.  In addition, the Board finds that while the Applicant originally planned to discontinue use of the subject facility after building a new facility, the Applicants congregation now plans to keep the current building whether or not they develop the second building.  Accordingly, the Applicant is requesting time to upgrade the current building to meet all current fire codes whether or not they go ahead with the new building.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of 180 days from the date of this decision in which to bring the subject facility into full compliance with the code, at the direction and to the satisfaction of the Union Fire District Fire Marshals Office.  As a condition of this relief, the Board directs the Applicant to continue to submit all of the UTR reports directly to the Union Fire District and to provide the Union Fire District with a copy of its 2012 events calendar and to further work with the Union Fire District to ensure that any large assembly occupancy shall be safeguarded during this transitional period.

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)].