The above-captioned case was scheduled for hearing by a subcommittee of the Board on February 8, 2006 at 9:00 A.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gerald Bessette of the Barrington Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.  The subcommittee recommendations were reviewed by the full Board on February 14, 2006 and approved pursuant to a motion made by Commissioner Burlingame and seconded by Commissioner Blackburn.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a February 4, 2004 inspection report compiled by the Barrington Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Barrington Fire Marshals Office during the February 8, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the February 4, 2004 inspection report as its initial findings of fact.  Any modification of the Boards 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 this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance from the provisions of section 13.2.1 and its referenced standards in order to allow the Applicant to maintain one (1) approved means of egress from the limited occupancy basement of this facility.  In granting this variance, the Board directs that the Applicant maintain the basement as a limited occupancy area, that the Applicant properly clean out the basement, and provide an approved domestic sprinkler head over the boiler at the direction and to the satisfaction of the Barrington Fire Marshals office.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing this facility with approved emergency lighting.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved exit signage.
	4.  The Board hereby grants a variance from the provisions of section 13.3.2.2 and its referenced standards in order to allow the Applicant the limited use of the cooking equipment of this facility on condition that none of the cooking will generate grease laden vapors.  Accordingly, the Board shall accept the Applicants documentation that no grease laden vapors will be generated from the cooking equipment and that the cooking equipment shall only be utilized for warming food.  In light of the above, the Barrington Fire Marshals office has no objection.
	5.  The Board hereby grants a variance from the provisions of section 13.3.3 and its referenced standards in order to allow the Applicant to provide the means of egress in the hallways and the egress system of this facility with an approved flame spread rating, installed at the direction and to the satisfaction of  the Barrington Fire Marshal's office on or before July 1, 2008.  The Board understands that the church has independent egress and does not necessarily utilize the cited hallway.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing an approved handrail on the front stairs of this facility.
	7.  The Board hereby grants the Applicant a time variance of 120 days in order to correct deficiency 7 by protecting the boiler room of this facility.
	8.  The Board hereby grants the Applicant a time variance until July 1, 2008 in order to provide this facility with an approved municipally connected fire alarm system installed at the direction and to the satisfaction of  the Barrington Fire Marshal's office.  In addition, any additional deficiency noted by the Barrington Fire Marshal may be corrected within 120 days of the date of this decision.

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).
	If the petitioner is aggrieved by the Subcommittees recommendation, the petitioner has the right of hearing before the entire Board within thirty (30) days of the rendered decision.  [RIGL 23-28.3-5(b)(4)]  In the absence of a timely request for review of the decision, the subcommittee decision shall become the decision of the full Board within thirty (30) days of the mailing date of this decision.  The Applicant must initially request a full Board review of the subcommittee decision in order to subsequently appeal the final outcome of the full Board to the Sixth District Court in accordance with the provisions of RIGL 42-35.15(c) and 23-28.3-6.