The above-captioned case was scheduled for hearing by a subcommittee of the Board on May 10, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Commissioner Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Curtis Wise of the East Providence Fire Marshals Office.  The subcommittee recommendation was reviewed by the full Board on May 16, 2006 and approved pursuant to a motion made by Vice Chairman Coutu and a second by Commissioner Pearson.  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 September 8, 2004 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the May 10, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the September 8, 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  It is the understanding of the Board that deficiency 1 is informational and that the occupancy of this facility has been posted.
	2.  The Board hereby grants the Applicant a time variance until July 1, 2008 in order to provide this facility with an approved fire alarm system in accordance with the timetables afforded to the newly created statutory category of places of worship.  The Board would further allow the East Providence Superintendent of Fire Alarm to approve the location of the pull stations within this facility.
	3.  The Board hereby grants a variance from the provisions of section 13.7.1 in order to allow the Applicant to maintain the existing kitchen hood exhaust system.  In granting this relief, it is the understanding and direction of the Board that the kitchen is not currently used on a regular basis and it is only used for the warming of food, and not, in any event, generating grease-laden vapors.  In the event the Applicant changes its menu in the future, the Board directs the Applicant to upgrade the kitchen exhaust system before preparing any foods that generate grease-laden vapors.
	4-14.  It is the understanding of the Board that the Applicant has corrected deficiencies 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	15.  The Board hereby grants a variance from the provisions of section 13.3.3 in order to allow the Applicant to maintain the existing wooden ceiling in the main church as is.  In granting this variance, it is the understanding of the Board that the existing ceiling is actually part of the roof deck and is red wood planking.  It is the further understanding of the Board that the red wood planking is approximately 1  to 1  inches thick and that the ceiling extends two (2) stories in height.  It is also the understanding of the Board that the walls of the church are plaster and that none of the wood planking is in the day care area.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 by removing the cited artwork and teaching materials from the egress corridors.
	17.  The Board hereby directs the Applicant to correct deficiency 17 by providing the cited stairways with an approved enclosure installed at the direction and to the satisfaction and within a timetable established by the East Providence Fire Marshal's office.  Once the exits are enclosed to the satisfaction of the East Providence Fire Marshal's office, the Board shall deem them to be in compliance with the code.
	18.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing door with wired glass servicing the rest rooms of this facility.
	19-23.  It is the understanding of the Board that the Applicant has corrected deficiencies 19, 20, 21, 22 and 23 at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	24.  The Board hereby directs the Applicant to correct deficiency 24 by providing the exterior egress doors with approved emergency lighting on the exterior of the building, at the direction and to the satisfaction of the East Providence Fire Marshal's office as part of the fire alarm system to be installed in accordance with item 2 above.

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)].