The above-captioned case was scheduled for hearing on February 7, 2006 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Preiss, Burlingame, Pearson, Filippi, OConnell and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph St. Jean of the Exeter Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn 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 January 31, 2006 inspection report compiled by the Exeter Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Exeter Fire Marshals Office during the February 7, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the January 31, 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. 
	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).

CONCLUSIONS AND VARIANCE REQUESTS 
AND FIRE BOARDS PLAN OF ACTION FOR THE PLACE OF WORSHIP
	1.  During the February 7, 2006 hearing on this matter, the Board was advised that the actual occupancy of this facility is rarely above forty (40).  The Board was further advised that the basement could be reconfigured for a maximum occupancy of forty-nine (49) people.  Accordingly, the Board hereby grants a variance from the provisions of section 7.5.1.3.1 and 13.2.4.2 in order to allow the Applicant to maintain the existing egress from the place of worship and the parish hall of this facility.  As a condition of this variance, the Board directs the Applicant to train the Church ushers in rapid evacuation techniques, at the direction and to the satisfaction of the Exeter Fire Marshals office.  In light of the above and the Applicants agreement to provide this facility with an approved local fire alarm system, the Exeter Fire Marshals office had no objection to this relief on the basis of structural hardship.
	2.  The Board hereby grants a variance from the provisions of section 7.2.2.5.1.3 in order to allow the Applicant to maintain the cited historic basement stairway within this facility.  
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved exit signage throughout the means of egress.
	4.  The Board has been advised by the Applicant that emergency lighting shall be provided in this facility.  Accordingly, the Board hereby directs the Applicant to correct deficiency 4 by providing the above emergency lighting, at the direction and to the satisfaction of the Exeter Fire Marshals office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing this facility with approved fire extinguishers.
	6.  The Applicant has advised the Board that deficiency 6 will be corrected by providing the boiler room with an approved one-hour enclosure.  Accordingly, the Board hereby directs the Applicant to correct deficiency 6 at the direction and to the satisfaction of the Exeter Fire Marshal's office.
	7.  The Applicant has advised the Board that the interior furnishings and decorations of this facility shall be rendered fire retardant.  Accordingly, the Board hereby directs the Applicant to correct deficiency 7 at the direction and to the satisfaction of the Exeter Fire Marshal's office.
	8.  During the February 7, 2006 hearing on this matter, the Board was advised that the Applicant would correct deficiency 8 by providing this facility with an approved local fire alarm system installed at the direction and to the satisfaction of the Exeter Fire Marshal's office.  Accordingly, the Board hereby grants the Applicant a time variance until July 1, 2008 in order to provide this facility with the approved fire alarm system in accordance with blanket variance 05-16 which had been previously developed for the Council of Churches.
	9-17.  The Applicant has agreed to correct deficiencies 9, 10, 11, 12, 13, 14, 15, 16 and 17.  Accordingly, the Board hereby directs the Applicant to correct the above deficiencies at the direction and to the satisfaction of the Exeter Fire Marshal's office.
	18.  As part of the Applicants proposed plan of action, the Applicant advised that the kitchen range is not used and that the propane supply shall be removed.  The Applicant further advised that the range shall be placed out of service immediately, and that the stove shall be removed as soon as possible.  Finally, the Applicant noted that portable cooking and heating devices, as discussed with the Exeter Fire Marshal's office, will be permitted.  Accordingly, the Board hereby adopts the Applicants plan of action for the commercial six-burner range of this facility as outlined above.
	19.  The Applicant has advised the Board that it shall immediately provide the proper building address number, visible from the street, on the building.
	As outlined above, the Board has approved the entire plan of action as submitted by the Applicant for the continued use of this facility.  Accordingly, the above plan of action, for this place of worship, shall be overseen by the Exeter Fire Marshals office.  On a final note, the Board appreciates the cooperation of the Applicant and the Exeter Fire Marshals office in bringing this facility into compliance with the code while maintaining its historical character.

 
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)].