The above-captioned case was scheduled for hearing on August 24, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Filippi and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Arthur Lowe of the Warwick Fire Marshal’s Office.  A motion relating to item #1 below was made by Commissioner Preiss and seconded by Commissioners Newbrook and Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.  A motion to grant the Applicant relief on items 2 and 3 below was subsequently made by Commissioner Evans and seconded by Commissioner Newbrook and this motion was also unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of an application supplement filed by Kathleen A. Bartels, AIA on behalf of the Applicant.  The above Applicant’s supplement was utilized by the Board, the Applicant and the Warwick Fire Marshal’s Office during the August 24, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the application supplement as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein. 

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby allows the Applicant to maintain a maximum occupancy of the lower level parish center at 285 people.  Specifically, the parish center shall be limited to this occupancy load and the parish hall shall not be utilized at the same time as the classroom areas are utilized.  This relief is granted pursuant to the Applicant’s agreement to provide this facility with an approved full fire alarm system and to improve the egress system of this facility at the direction and to the satisfaction of the Warwick Fire Marshal’s office as outlined in the above referenced attachment to the application.
	
2.  The Board hereby grants a variance from the provisions of section 7.2.2.4.3 in order to allow the existing outside handrail not to terminate into the wall.  Specifically, this variance is granted to maintain the current existing condition.
	
3.  The Board hereby grants a variance from the provisions of section 7.2.2.4.5.3 in order to allow the Applicant to maintain the existing stair balusters spaced 9 ¼ inches apart.  In granting this relief from the four inch spacing, the Board notes that this variance would not extend to the proposed new egress for the addition.

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 Applicant’s 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 Board’s 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 Board’s 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)].