The above-captioned case was scheduled for hearing on November 20, 2007 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Richard, Jackson, Jasparro, Filippi, Pearson, Preiss, Blackburn and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Pastore of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Jasparro 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 a May 9, 2007 plans review report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the November 20, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the May 9, 2007 plans review 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. 
	The Board further finds that this is an existing place of worship that has had the front doors of the facility removed and replaced with new doors and had further had additional modifications and new construction to the egress system in the front of the building.
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the November 20, 2007 hearing on this matter, the Applicant requested relief from the maximum distance between handrails.  Specifically, the Applicant advised that the submitted plans allowing for ten feet, two inches between handrails was necessary in order to allow for the transportation of caskets and processions into the church.  The Board hereby grants a variance from the provisions of section 13.2.1 and 7.2.2.4.1.2 in order to allow the Applicant to provide center handrails to assist patrons entering and egressing the church.  However, the Board grants the West Warwick Fire Marshal's office the authority to approve the off-centering of the rails in such a manner as to safely provide an egress path from the facility while allowing enough space to provide for processions and/or the bringing of caskets in and out of the church.  Finally, as a condition of this relief, the Board directs the Applicant to properly turn out the hand rails at the bottom, in accordance with ADA and Building Code standards.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	4.  The Board hereby grants a variance from the provisions of section 13.2.1 and 7.2.1.2.4 in order to allow the Applicant to maintain the proposed width of the new doors providing that each door at least has and maintains approved panic hardware at the direction and to the satisfaction of the West Warwick Fire Marshal's office.

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)].