The above-captioned case was originally scheduled for hearing on October 18, 2005 at 1:00 P.M.  At that time, Chairman Farrell directed that a Subcommittee of the Board would conduct an onsite inspection.  The onsite inspection was conducted on October 25, 2005 at 8:30 A.M.  Present were Commissioner Newbrook and Director Coffey.  Upon review of the facility with Assistant Deputy State Fire Marshal Vernon Dunlap of the Providence Fire Marshals Office, the Subcommittee made the following recommendations to the full Board during its meeting on October 25, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame and Pearson were present.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to accept the Subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 12, 2005 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the applicant and the Providence Fire Marshals Office during both the onsite subcommittee review of, and the full Board hearing on, this matter.  Accordingly, the Board hereby incorporates the July 12, 2005 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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board directs the Applicant to correct deficiency 1 by providing the subject classroom with an approved emergency rescue push-out window, stairs and platform system to allow emergency escape into the playground area located on the west side of this facility.  The above emergency egress system shall be installed at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board hereby grants the Applicant 120 days, from the date of this Decision, to correct this deficiency as outlined above.
2.	The Board hereby grants the Applicant a time variance, to allow the Applicant not to provide the cited smoke, carbon monoxide, and heat detectors with approved municipal connection, until a municipally-connected fire alarm system is actually installed in the adjoining place of worship, pursuant to the time lines of the Blanket Variance granted the Council of Churches and its affiliates.  As a condition of this variance, the Board directs that approved, hardwired smoke and carbon monoxide detection units be installed in the classroom and adjoining nursery, at the direction and to the satisfaction of the Providence Fire Marshals Office within 120 days of the date of this Decision.
3.	The cited carbon monoxide detectors are addressed in item 2 above.
4.	The Board hereby accepts the cited massive paneled classroom doors as being approximately twenty-minute rated.  In making this determination, the Board notes that the thinnest point on the subject door is approximately 1  inches and the door itself is approximately 1  inches thick.
5.	Upon review of the primary exit system, the Board noted egress is maintained on the same level through an area serviced by an open stairway.  The stairway is constructed of approximately one inch of cement plaster over brick.  The upper level of the stairway has two substantial wooden doors that the Applicant maintains in the closed position.  The mid level of the stairway has the daycare entrance and two other main sets of doors that the Applicant maintains closed.  The lower level of the stairway is protected by steel-clad doors with wired glass.  In light of the construction of existing stairway enclosure and its doors, the Board hereby grants a variance to allow the Applicant to maintain its main egress through this area.  As a condition of this variance, the Board directs the Applicant to equip all of the stairway enclosure doors with approved self-closing devices installed at the direction and to the satisfaction of the Providence Fire Marshals Office within 120 days of the date of this Decision.  The Board further directs the Applicant to provide the primary classroom doors and the main egress doors to the area of refuge with approved panic bar hardware installed at the direction and to the satisfaction of the Providence Fire Marshals Office within 120 days of the date of this Decision.  Finally, the Board directs the Applicant to properly seal off any wall penetrations within this stairway, at the direction and to the satisfaction of the Providence Fire Marshals Office within 120 days of the date of this Decision.
6.	The Board hereby directs the Applicant to correct deficiency 6 by providing the cited doors with approved self-closing devices, as outlined in item 5 above.
7.	The Board hereby directs the Applicant to correct deficiency 7 by providing the cited doors with approved panic bar hardware, as outlined in item 5 above.  The Board further directs the Applicant to provide the cited door assembly with independent leaf operation at the direction and to the satisfaction of the Providence Fire Marshals Office within 120 days of the date of this Decision.
8.	The Board hereby directs the Applicant to correct deficiency 8 by providing the preschool classrooms with approved emergency lighting and exit signage installed at the direction and to the satisfaction of the Providence Fire Marshals Office within 120 days of the date of this Decision.
9.	The Board hereby directs the Applicant to correct deficiency 9 by providing the preschool with approved exterior emergency lighting, at both the main entrance and the emergency window egress, installed at the direction and to the satisfaction of the Providence Fire Marshals Office within 120 days of the date of this Decision.
10.	The Board hereby grants a variance in order to allow the Applicant to maintain the cited existing tread within the existing staircase.  This variance is based upon structural hardship.  The Board hereby directs the Applicant to address the cited handrail issue within the time limits granted to the Council of Churches.
11.	The Board hereby directs the Applicant to immediately remove the cited obstructions within the main egress system at the direction and to the satisfaction of the Providence Fire Marshals Office.
12.	During the on-site review of this facility, the Board was advised that the owner of this place of worship desired to utilize a domestic four-burner electric stove to warm soup, boil water and heat up previously baked foods during events three or four times each year.  The owner has further advised the Board that the domestic stove would not be utilized for the generation of grease-laden vapors.  The owner has further advised that the commercial stove and baking oven in this facility have been disconnected at the direction of the building inspector.
In light of the above, the Board hereby grants a variance in order to allow the owner to utilize the four-burner domestic stove, with an approved, self-contained domestic suppression system, installed at the direction and to the satisfaction of the Providence Fire Marshals Office.  The domestic stove may be so utilized once the domestic suppression system has been installed.  As a condition of this variance, the owner shall not allow the domestic stove to be used in a manner that would generate grease-laden vapors.

STATUS OF DECISION AND APPEAL RIGHTS
	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)].