The above-captioned case was scheduled for hearing on June 8, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Pearson, Filippi, O’Connell and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson 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 March 18, 2004 plan review report compiled by the Providence Fire Marshal’s Office along with an April 9, 2004 response of the Applicant.  The above report and response to the report were utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the June 8, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the March 18, 2004 plan review report along with the April 9, 2004 response of the Applicant 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.

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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. It is the understanding of the Board that the Applicant has corrected deficiency #1 at the direction and to the satisfaction of the Providence Fire Marshal’s Office by providing an approved description of the assembly uses throughout the church.
	
2. During the June 8, 2004 hearing on this matter, the Board was advised that the Applicant would maintain all of the egress paths clear of any obstruction at the direction and to the satisfaction of the Providence Fire Marshal and that the Applicant would further address any remaining concerns of the Providence Fire Marshal.  Accordingly, the Board directs the Applicant to work with the Providence Fire Marshal in ensuring that any of the storage in this building complies with the fire code and that all egress paths shall remain clear during all periods of occupancy.
	
3(a). The Board hereby grants a variance from the provisions of section 7.2.1.4.2 in order to allow the Applicant to maintain a posted occupancy of 47 people in the choir room (room B17) of this facility.  Accordingly, with this posted occupancy, the Applicant may maintain the existing door swing.
	
3(b). It is the understanding of the Board that the Applicant has corrected deficiency #3(b) at the direction and to the satisfaction of the Providence Fire Marshal.	
	
3(c). The Board hereby grants a variance from the provisions of section 7.2.1.4.2 in order to allow the Applicant to maintain a room capacity of approximately 46 people in the multi-purpose (room B9).  Accordingly, the multi-purpose room shall be allowed to maintain the existing door swing.
	
3(d). It is the understanding of the Board that the Applicant has corrected deficiency #3(d) at the direction and to the satisfaction of Providence Fire Marshal’s Office.
	
4. It is the understanding of the Board that the Applicant is replacing the old kitchen in the lower level of this facility with a new serving kitchen that shall have no cooking equipment and therefore item #4 is moot.
	
5. It is the understanding of the Board that the Applicant is in compliance with item #5 and has provided the Providence Fire Marshal with all of the attached carpet specifications.
	
6. The Board hereby grants a variance from the provisions of section 7.2.1.4.4 in order to allow the Applicant to maintain double doors B57 in their current projection into the corridor of this facility.  In granting this variance it is the understanding of the Board that the Providence Fire Marshal’s Office has no objection, in light of the projection being three (3) inches in access of the standard.
	
7. The Board hereby grants a variance from the provisions of section 10.2.3 in order to allow the Applicant to maintain the existing finishes within interior spaces in the lower level of this facility in conjunction with a full coverage sprinkler system.  In light of the sprinkler system, it is the understanding of the Board that the Providence Fire Marshal’s Office has no objection.
	
8, 9 and 10. It is the understanding of the Board that deficiencies #8, 9 and 10 are not listed on the Providence Fire Marshal’s report.
	
11, 12, 13 and 14. It is the understanding of the Board that deficiencies #11, 12, 13 and 14 either are corrected or shall be corrected by the Applicant at the direction and to the satisfaction of the Providence Fire Marshal.
	
15. The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to make the boiler room of this facility smoke tight at the direction and to the satisfaction of the Providence Fire Marshal.

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)].