The above captioned case was scheduled for subcommittee hearing on August 4, 2009 at 10:00 A.M.  At that time, Chairman Coutu and Commissioners Jasparro and Dias were present.  The fire service was represented by the Woonsocket Fire Marshal's office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Dias to recommend to the full Board that it grant the Applicant relief as outlined herein.  The motion was unanimous.
The above recommendation was thereupon presented to the full Board during their afternoon meeting on August 4, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Richard, Jackson, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro to adopt the subcommittee recommendations and grant the relief herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a March 1, 2006 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the subcommittee, the Applicant and the Woonsocket Fire Marshals Office during the August 4, 2009 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the March 1, 2006 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. 
The Board further notes that the March 1, 2006 inspection was compiled prior to the development and implementation of the Place of Worship standards within the fire code.  Accordingly, the Board would consider this facility a two-level Place of Worship.  The Board further finds that weddings and funerals are conducted within this facility along with regular Sunday services.  The Board was further informed by the Applicant and finds that the subject facility has the largest collection of fresco art in North America.  Accordingly, the Board notes that it is imperative that smoke and/or hot gases be detected immediately in order to preserve this collection.  During the on-site hearing, the Board was advised that the facility never exceeded an occupancy of 299 people on either level and that there would never be simultaneous occupancy.  The Woonsocket Fire Marshal's office agreed with this occupancy restriction and advised that if a special event was planned and the occupancy was to be temporarily increased on any one level, the Applicant would have to seek prior approval by the Woonsocket Fire Marshal's office and be further provided with one or more firefighters on duty to ensure the safe passage of the occupants.  
The Board further finds that the facility maintains a fire alarm system but all parties are in agreement that the system needs to be upgraded.  The Applicant is requesting time to complete the upgrades.  The Board notes that as a Place of Worship this facility would not be required to be sprinklered.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance until December 31, 2009 in order to develop a final plan of action for the upgrading of the municipal fire alarm system within this facility.  The Board further grants the Applicant an additional time variance until December 31, 2010 in order to implement the above plan of action by upgrading the fire alarm system within this facility.  The Board hereby authorizes the Woonsocket Fire Marshal's office to extend either or both of the above deadlines for good faith efforts being shown by the Applicant.  Finally, the Board notes that while the corrections are being planned and/or implemented, all fire protection systems shall be maintained at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	2.  As outlined in the findings of fact above, the Board would consider this occupancy to be a Place of Worship which would not require sprinkler coverage.  Accordingly, the Board finds deficiency 2 to be moot.
	3.  The Board hereby grants the Applicant a time variance until December 31, 2009, in order to bring the lower stairway into compliance with the egress standards for Places of Worship by repairing the stairway, as deemed necessary, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board would further direct the applicant to provide the stairway doors with proper closers or spring loaded hinges approved by the Woonsocket Fire Marshal's office.  The Board hereby grants the Woonsocket Fire Marshal's office the ability to extend the above time line.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by removing the cited storage items.  In the event the applicant needs to provide additional temporary storage at any time in the future, the Board directs the Applicant to first review its plan for the storage with the Woonsocket Fire Marshal's office and to incorporate any additional safeguards deemed necessary by that office.
	5-6.  The Board hereby directs the Applicant to correct deficiencies 5 and 6 by providing any additional emergency lighting or exit signage upgrading at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board hereby grants the Applicant a time variance until December 31, 2009 in which to make the above additions and/or upgrades.  Finally, the Board hereby grants the Woonsocket Fire Marshal's office the authority to extend the above timelines for good faith efforts being shown by the Applicant.  
	7.  The Board notes that the cited stairs appear to be in compliance with the standards established for Places of Worship.  Accordingly, the Board has determined that deficiency 7 is moot.
	8.  The Board hereby grants the Applicant a time variance until December 31, 2009 in which to correct deficiency 8 by sealing the cited penetrations within the boiler room of this facility and providing self-closing devices on the boiler room doors at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board hereby grants the Woonsocket Fire Marshal's office the ability to extend the above deadline for good faith efforts being shown by the Applicant.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by removing the cited extension cords from this facility.
	10.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to correct deficiency 10 by properly maintaining, tagging and testing the fire extinguishers throughout this facility.  The Board directs the Applicant to keep the fire extinguishers properly maintained and certified at all times.
	11.  See item 10 above.
	12.  During the on-site inspection conducted on August 4, 2009, the Applicant advised the Board that it would not be utilizing the commercial cooking appliances within this facility.  Accordingly, in order to grant the Applicant relief from the cleaning and certification of the commercial hood within this facility, the Board directs the Applicant to disconnect all gas cooking units within sixty (60) days of the date of this decision.  The above disconnect shall be at the direction and to the satisfaction of the Woonsocket Fire Marshal's office, and the time limits may be extended for good faith efforts being shown by the Applicant.
	13.  In light of the Applicants agreement to disconnect all cooking units within this facility, the Board hereby grants a variance to allow the Applicant not to maintain the fire suppression systems for the cooking area while the systems are completely inoperative.
	During the on-site review, the Board was advised that the Applicant planned to utilize a four-burner electric domestic stove approximately two (2) hours a week on average for the boiling of water and reheating of food.  The Board hereby authorizes the Applicant to do this, pursuant to the Place of Worship cooking standards provided the Applicant maintains K-type fire extinguishers in the kitchen, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by properly treating the draperies and curtains with fire retardant materials.
	15.  The Board hereby grants the Applicant a time variance until December 31, 2009 in order to correct deficiency 15 by sealing the cited penetrations within the ceilings of this facility.  The Board hereby grants the Woonsocket Fire Marshal's office the ability to extend the above deadline.  Finally, during the August 4, 2009 subcommittee hearing, the Board advised that Applicant that he could maintain access to the space above the lower level ceiling by either sealing in this area with cement board or installing drop down attic stairs faced by either cement Board or double 5/8 sheetrock.  Accordingly, when the stairs were reset back into the ceiling, the double 5/8 sheetrock or cement Board finish would be exposed to the lower level ceiling.  
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 by removing the cited storage from the main means of egress.  The Board hereby directs the Applicant to maintain the main means of egress unobstructed at all times.
	17.  In light of the fact that the Board has designated this facility as a Place of Worship, the Applicant shall not be required to provide panic hardware on all egress doors, but rather be required to comply with the standards set forth for egress doors in the Place of Worship guidelines.  The Board further notes that the applicant shall maintain ushers and other crowd control managers that have been properly trained in crowd control.
	18.  As outlined above, the Applicant is directed to correct deficiency 18 by providing a K-type fire extinguisher or extinguishers deemed necessary by the Woonsocket Fire Marshal's office in the cooking area of this facility.  The Board again grants the Applicant sixty (60) days from the date of this decision to install the above fire extinguishers.  
	19.  It is the understanding of the Board that the Applicant has corrected deficiency 19 and that representatives of the Applicant have been trained by the State Fire Marshal's office in crowd management.
	20.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision to correct deficiency 20 by providing the cited two (2) fire extinguishers for the stage areas of this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Woonsocket Fire Marshal's office is granted the authority to extend the above timeline for good faith efforts being shown by the Applicant.
	21. (additional requirements)  Pursuant to the agreement of the parties, the Board has designated the total occupancy of this facility to be maintained at 299 people except for a special event as outlined herein.  Accordingly, the Applicant may maintain an occupancy of up to 299 people on the upper level or the Applicant may maintain an occupancy of up to 299 people on the lower level.  However, there shall not be any simultaneous occupancy of both levels at any time.
	In the event the applicant wishes to temporarily increase the occupancy of this facility for a special event, the Applicant shall first review its plan of action with the Woonsocket Fire Marshal's office and comply with all of the requirements of that office prior to securing approval for the special event.  As a condition of this and all other variances, the Board notes that there shall be no smoking within this facility at any time in any area.

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)].