The above-captioned case was scheduled for hearing by a subcommittee of the Board on August 9, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Commissioners Blackburn and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Murphy of the Tiverton Fire Marshal's office.  The subcommittee recommendations were reviewed by the full Board on August 22, 2006 and approved pursuant to a motion made by Commissioner Newbrook and a second by Commissioner Pearson.  Accordingly, the subcommittee recommendations now have the status of a full Board decision.  

FINDINGS OF FACT
	During the August 9, 2006 subcommittee hearing on this matter, the Board had before it a January 30, 2004 supplement to the application in this case.  The above supplement to the application provided an extensive review of the structure of this facility along with the fire safety features and the variance request.  Accordingly, the Board hereby adopts the January 30, 2004 application supplement 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.  The Board hereby grants a variance in order to allow the Applicant to maintain the single family apartment for use of the pastor of this facility.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with approved fire alarm coverage.  However, the Board notes that this facility may currently be covered by Blanket Variances 05-16 and 06-07.  The Board further notes that Place of Worship provisions shall be developed by the Board on or before July 1, 2007.  Accordingly, the above time lines may be extended if the Applicant wishes to take advantage of the Place of Worship guidelines covering this and other Places of Worship.
	
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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].