This case was previously before the Board and a comprehensive written decision was released on June 25, 2004 in file number 040122.  The Applicant returned for a second hearing before the Board on September 8, 2004 and a follow-up decision was issued on December 1, 2004 in file number 040122A.  The Applicant has now returned to the Board for the third time to provide the Board with an update on its progress and to request an extension of the original deadlines to more coincide with the legislative deadlines for places of worship.  Specifically, the Applicant has submitted for the Boards review a revised proposed schedule for compliance dated June 21, 2006.
The most recent hearing on the matter was scheduled for July 18, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file numbers 040122 and 040122A as its preliminary findings of fact in this case.  In addition, the Board notes that the General Assembly has designated a new sub-classification of assembly occupancies entitled Places of Worship.  The Board finds that many portions of this facility would fall under that general category.  The Board finds that the Applicant has been making a good faith effort in which to comply with the original decisions and that the proposed revisions to the timetable appear to be reasonable.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby adopts the June 21, 2006 Temple Emanu-El fire code revisions proposed schedule of compliance as attached.  Specifically, the June 21, 2006 attached schedule for compliance shall be the controlling document for compliance with the fire code upgrades for this facility.

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)].