The above-captioned case was scheduled for hearing by a subcommittee of the Board on April 5, 2006 at 9:00 A.M.  At that time, Vice Chairman Coutu and Commissioners Blackburn, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Lynch of the Portsmouth Fire Marshals Office.  The subcommittee recommendations were reviewed by the full Board on April 18, 2006 and approved pursuant to a motion made by Commissioner Newbrook and seconded by Commissioner Pearson.  Accordingly, the subcommittee recommendations now have the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a March 8, 2006 inspection report compiled by the Portsmouth Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Portsmouth Fire Marshals Office during the April 5, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the March 8, 2006 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.  The Board hereby grants the Applicant a time variance in order to complete the upgrade of the fire alarm of this facility, at the direction and to the satisfaction of the Portsmouth Fire Marshals office.  The Board notes that the Portsmouth Fire Marshal should consider the recent statutory and regulatory time extensions covering the places of worship in determining the amount of time deemed necessary for the fire alarm upgrades of this facility.
	2.  During the April 5, 2006 subcommittee hearing on this matter, the Board was advised that the Applicant would maintain a maximum occupancy of 280 people in the lower level of this facility.  The Board notes that the 280 person maximum would not trigger the sprinkler requirements for this facility.  In order to assure that the occupancy is limited, the Applicant is directed to provide the Portsmouth Fire Marshal's office with an approved floor plan outlining the occupancy.  The Board further grants a variance in order to allow the temporary increase in capacity at the direction and to the satisfaction of the Portsmouth Fire Marshals office in accordance with a plan of action developed by that office.  Specifically, the Applicant may increase the occupancy of the lower level, on a temporary basis, in order to allow for the parishioners to participate in dances or other limited activities in accordance with a plan developed by the Portsmouth Fire Marshal's office.

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)].