The above-captioned case was originally scheduled for hearing on November 6, 2007 at 1:00 P.M. At that time, it was determined that a subcommittee of the Board would conduct an onsite inspection and review of this facility. The assigned subcommittee, consisting of Commissioner Pearson and the Executive Director, met onsite with the North Kingstown Fire Marshal and representatives of the Diocese of Rhode Island and Saint Pauls Church. After touring the facility, the subcommittee recommends following findings and plan of action for this facility as outlined below.
The subcommittees recommendations, as outlined below, were reviewed by the full Board on December 11, 2007 at 12:45 PM. At that time, Chairman Coutu, Vice Chairman Newbrook, and Commissioners Richard, Blackburn, Preiss, Jackson, Jasparro, Filippi, Walker and OConnell were present. A motion was made by Commissioner Pearson and seconded by Commissioners Jackson and Richard. The motion was unanimous. Accordingly, the recommendations of the subcommittee are now a full Decision of the Board. 

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a June 9, 2005 inspection report compiled by the North Kingstown Fire Marshals Office. The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the December 11, 2007 onsite subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the June 9, 2005 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, 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 December 11, 2007 subcommittee review of this facility, the Board was advised and finds that this historic church has no heat, electricity or other hazards present. There is no smoking allowed and the use of any candles shall be limited to those approved by the North Kingstown Fire Marshals Office. Those approved candles shall be properly enclosed by glass chimneys and/or by similar protective measures. 
The Applicant has further advised the Board that the practice of allowing the public to hold candles, with live flame, during services has been voluntarily discontinued and this practice will not be allowed in the historic church in the future. The Board notes the Applicant may allow the public to utilize battery operated candles during such services. 
The Board was further advised and finds that the church has an extremely limited regular usage consisting of Sunday services during the months of July and August.  The Board further finds that the church has occasional special events such as three (3) annual Evening Song services, an occasional wedding, and an Easter service. The Applicant and the North Kingstown Fire Marshals Office have agreed to post the normal occupancy of the church at seventy-four (74) people but to allow an increase of occupancy to one hundred (100) people, during the above occasional special events, in accordance with a plan of action for fire safety developed by the Applicant and approved by the North Kingstown Fire Marshal. The Board hereby grants a variance to allow the parties to provide the above posting arrangement for this historic church.
	In light of the above occupancy, the absence of hazards, heat and electricity, the Board further grants a variance to allow the Applicant not to provide this historic church with a fire alarm system. In granting this variance, it is the understanding of the Board that the North Kingstown Fire Marshals Office has no objection in light of the unique circumstances surrounding this case.
2.	  In light of the above relief, the Board hereby grants a variance in order to allow the Applicant not to provide this historic church with a key access safe. In granting this variance, the Board notes that the North Kingstown Fire Marshals Office has no objection.
3.	The Board hereby directs the Applicant to correct deficiency 3 by providing this building with an approved street address number either on, or within close proximity to, the building at the direction and to the satisfaction of the North Kingstown Fire Marshals Office  
4.	The Board hereby grants a variance to allow the Applicant to utilize portable temporary emergency lighting units to cover all exits, exit access, and exit discharges within this historical church, to be utilized during the evening, night and pre-dawn services, where there is insufficient natural lighting, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
5.	The Board hereby grants a variance from the means of egress provisions of the code in order to allow the Applicant to utilize the existing egress systems within this historic church. In granting this variance, the Board notes that the North Kingstown Fire Marshal has no objection due to historical and structural hardship and in light of the safety features as outlined herein.
6.	As outlined in item one above, the Board hereby grants a variance in order to allow the Applicant to post the regular occupancy of this historic church at seventy-four (74) people and to allow the occupancy to be increased to one hundred (100) people, during the above-outlined special events, at the direction and to the satisfaction of the North Kingstown Fire Marshals 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 approval of the Subcommittee Recommendation, within thirty (30) days of the mailing date of this Decision, by submitting a written request, to the Chairman, to be heard on this matter by full Fire Safety Code Board of Appeal & Review.