The above-captioned case was scheduled for hearing on February 3, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Evans, Filippi, Burlingame, Pearson, Coutu and OConnell were present.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the February 3, 2004 hearing on this matter, the Board was advised and finds that this is a three-story brick building which appears to be of Type III (200) construction.  The facility has a full alarm system and also a sprinkler system.  There are emergency lights and exit signs throughout.  The emergency shelter shall enter from the left side of the building which leads into a two-hour fire rated stairway to the second floor, which is where the sleeping accommodations are located.  Patrons will sleep in the large room which measures approximately 50 by 30.  Located on the left side of the room is a small office, a furnace room which houses gas fired furnaces, a staff sleeping room and a storage room.  On the right side of the large room is a small kitchen which does not contain a stove, a mens and womens bathroom, two classrooms and a nursery.  The Board was further advised and finds that during the hours of shelter operation, the classrooms and nurseries are not utilized.
The Board further finds that the emergency shelter program operates from 7:00 pm to 7:300 am and between the hours of 7:00 pm to 9:00 pm the patrons will be allowed to enter the shelter.  The Board was further advised that there shall be no admittance after 9:30 pm and that the patrons will sign a log book.  The Board was further advised and finds that this facility is 100 sprinklered and has an approved fire alarm system.  The Board finds that the room is open and that the city Fire Marshal has advised that the United Way will be providing an overnight staff system to allow between fifteen and twenty-four people per night.  The occupancy of this room is approximately ninety (90) people during normal operation of the church.  The Applicant is requesting to be allowed to maintain a total of twenty three (23) occupants/clients in this overnight emergency shelter.  It is the understanding of the Board that all outstanding deficiencies have been corrected.  
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby approves the Applicants request to allow for a total of twenty three (23) occupants/clients to be allowed to sleep in this facility on an emergency shelter basis in accordance with the above guidelines.
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)].