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, Burlingame, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gerald Bessette of the Barrington Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Filippi 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 January 30, 2004 inspection report compiled by the Barrington Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Barrington Fire Marshal’s Office during the February 10, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the January 30, 2004 inspection 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 directs the Applicant to correct deficiency #1 by providing this facility with approved panic hardware, installed at the direction and to the satisfaction of the Barrington Fire Marshal, within 120 days of the mailing date of this decision.
	
2. The Board hereby directs the Applicant to correct deficiency #2 by widening or removing the cited door opening from the attic stairs, at the direction and to the satisfaction of the Barrington Fire Marshal, within 120 days of the date of this decision.
	
3. The Board hereby directs the Applicant to correct deficiency # 3, with regards to the winding stairs, at the direction and to the satisfaction of the Barrington Fire Marshal, within 120 days of the date of this decision.
	
4. The Board hereby directs the Applicant to correct deficiency #4 with regards to the attic stairs, at the direction and to satisfaction of the Barrington Fire Marshal, within 120 days of the date of this decision.
	
5. The Board hereby directs the Applicant to correct deficiency #5 at the direction and to the satisfaction of the Barrington Fire Marshal, within 120 days of the date of this decision.
	
6. The Board hereby grants a variance from the provisions of section 7.4.1.1 in order to allow the Applicant to maintain the existing egress from the room above the youth directors office.  In granting this variance, it is the understanding of the Board that one person shall occupy this room and that the Applicant has an emergency means of egress through a window from this facility.
	
7. The Board hereby grants a variance from the provisions of section 7.1.5.1.1 in order to allow the Applicant to maintain the existing door height from the basement to the outside of this facility.  In granting this variance on the basis of structural hardship, the Board notes that this door is encumbered by a support beam which has reduced the height from the required 80 inches to 70 inches.
	
8, 9, and 10. The Board hereby directs the Applicant to correct deficiencies 8, 9 and 10, at the direction and to the satisfaction of the Barrington Fire Marshal, within 120 days of the mailing date of this decision.
	
11. The Board hereby directs the Applicant to correct deficiency #11 by providing the cooking equipment in the kitchen of this facility with an approved suppression system in accordance with NFPA 96, at the direction and to the satisfaction of the Barrington Fire Marshal, within 120 days of the of this date decision. 
	
12. The Board hereby grants a variance from the provisions of section 13.3.3.2 and 13.3.3.3 in order to allow the Applicant to provide an approved Class A finish on the cited paneling and wainscoting and other combustible surface of the interior walls and ceiling within the corridors, lobbies and enclosed stairways of this facility.  In granting this variance, the Board directs the Applicant to provide the above with a Class A finish, at the direction and to the satisfaction of the Barrington Fire Marshal, within 120 days of the date of this decision.
	
13. The Board hereby directs the Applicant to upgrade the fire alarm system of this facility in accordance with the latest fire alarm code, at the direction and to the satisfaction of the Barrington Fire Marshal, within 120 days of the date of this decision.
	
14. The Board hereby directs the Applicant to correct deficiency #14 by properly segregating the furnace room in the basement of this facility, from the rest of the building, at the direction and to the satisfaction of the Barrington Fire Marshal, 120 days of the date of this decision.
	
15. The Board hereby grants a variance in order to allow the Applicant to utilize the business occupancy of this facility.  In granting this variance the Board directs the Applicant to seal off the cited opening within the masonry wall separation with an approved one (1) hour assembly installed at the direction and to the satisfaction of the Barrington Fire Marshal, within 120 days of the date of this decision.  The Board hereby shall maintain this file as a open file in the event that the Applicant or the Barrington Fire Marshal’s Office needs to return or request additional time or guidance.

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)].