The above-captioned case was scheduled for hearing on February 10, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Coutu and Filippi were present.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook 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 an April 18, 2003 plan review report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the February 10, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the April 18, 2003 plan review report 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. The Board hereby grants a variance from the provisions of section 23-28.6-11 in order to allow the Applicant to maintain the existing fixed seating, aisles and aisle widths within the assembly occupancy of this facility.
	
2. The Board hereby directs the Applicant to correct deficiency #2 by providing the cited paneling with an approved Class A finish installed at the direction and to the satisfaction of the State Fire Marshal’s Office, within 120 days of the date of this decision.
	
3. It is the understanding of the Board that the Applicant has corrected deficiency # 3 by properly inspecting the fire extinguisher of this facility.
	
4. The Board hereby directs the Applicant to correct deficiency #4 by properly maintaining the cited fire door in the rear access hall from the church within 120 days of the date of this decision.
	
5. The Board hereby grants a variance from the provisions of section 23-28.6-8 in order to allow the Applicant to maintain the existing cited wire mesh glass panels in the doors that access the exit stairs of this facility.  The Board directs the Applicant to correct the remainder of deficiency #5 by properly maintaining the latch system of the cited doors at the direction and to the satisfaction of the State Fire Marshal, within 120 days of the date of this decision.
	
6. The Board hereby directs the Applicant to correct deficiency # 6 by repairing and/or replacing the cited door hardware, at the direction and to the satisfaction of the State Fire Marshal’s Office, within 120 days of the date of this decision.
	
7. It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing the cited egress stairs with an additional handrail.
	
8. It is the understanding of the Board that the Applicant has corrected deficiency #8 by removing the cited stored combustibles from the exit stairs of this facility.
	
9. The Board hereby directs the Applicant to correct deficiency #9 by providing approved emergency lighting outside of the exits of this facility.
	
10. It is the understanding of the Board that the Applicant has corrected deficiency #10 by removing the cited storage from the basement exit access corridor of the this facility.
	
11. The Board hereby grants of variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain winding stairs within the third floor exit stair from the basement.  This variance is based on structural hardship and the fact that this is not considered an egress stairway.
	
12. The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain a non-rated smoke door on the above stairway at the first floor level.  In granting this variance the Board directs the Applicant to provide the cited smoke door with approved spring loaded hinges at the direction and to the satisfaction of the State Fire Marshal, within 120 days of the date of this decision.	
	
13. The Board hereby directs the Applicant to correct deficiency #13 by properly mounting the cited boiler room fire extinguisher.
	
14. It is the understanding of the Board that the Applicant has corrected deficiency #14 by repairing the holes and penetrations in the boiler room ceiling at the direction and to the satisfaction of the State Fire Marshal’s Office.
	
15. It is the understanding of the Board that the Applicant has corrected deficiency #15 by removing the cited space heater in the basement of the mercantile occupancy.
	
16. It is the understanding of the Board that the Applicant has corrected deficiency #16 by repairing the cited exit signs in the mercantile occupancy in the basement and by replacing the smoke detectors which have been removed in the basement corridor.

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)].