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 Burlingame and seconded by Commissioner Blackburn 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 an October 20, 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 October 20, 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with approved emergency lighting, 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 exit signage, installed at the direction and to the satisfaction of the Barrington Fire Marshal's office.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by upgrading the fire escape of this facility to meet the code, at the direction and to the satisfaction of the Barrington Fire Marshal's office, on or before July 1, 2008.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 with regard to the Fellowship Hall, by providing approved panic hardware or fire exit hardware on all exit doors.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the remaining portions of this facility with approved panic hardware.
	5.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the egress system with an approved flame spread rating installed at the direction and to the satisfaction of the Barrington Fire Marshals office.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by removing all storage beneath the stairs of this facility.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by upgrading the fire alarm system of this facility.
	8.  The Board hereby grants a variance from the provisions of section 13.8.10.5.14 in order to allow the limited use elevator in this facility to remain without recall or firefighter service.  In granting this variance, it is the understanding of the Board that the Barrington Fire Marshals office has no objection.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by removing the cited flammable curtains.
	10.  The Board hereby directs the Applicant to correct deficiency 10, at the direction and to the satisfaction of the Barrington Fire Marshal, by providing the rear exits with approved landings, within 120 days of the date of this decision.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by properly protecting the boiler room of this facility.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by providing this facility with approved emergency lighting.
	13.  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 maintain the existing thick wood construction of the wood ceilings throughout this facility.  
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by upgrading the municipal fire alarm system within this facility.
	15.  It is the understanding of the Board that the Applicant has corrected deficiency 15 by upgrading the emergency lighting within this facility.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 by replacing the cited fiberboard separating the classrooms of this facility.
	17.  It is the understanding of the Board that the Applicant has corrected deficiency 17 by either removing, treating and/or replacing the cited stage curtains.
	18.  The Board hereby grants a variance from the provisions of section 13.3.2.2 in order to allow the Applicant to maintain the existing stove in the kitchen in light of the Applicants documentation that no grease laden vapors would be generated by the cooking equipment and that the cooking equipment would only be used to warm food and that the stove would not be utilized as part of the rental of the hall.  
	19.  It is the understanding of the Board that the Applicant has corrected deficiency 19 by repairing the cited electrical wiring on the stage.
	20.  It is the understanding of the Board that the Applicant has corrected deficiency 20 by assuring that all of the props on the stage are sufficiently rated.
	21.  The Board hereby directs the Applicant to correct deficiency 21, at the direction and to the satisfaction of the Barrington Fire Marshals office, on or before July 1, 2008.
	22..  The Board hereby directs the Applicant to work with the Barrington Fire Marshals office to correct deficiency 22 by providing the Fellowship Hall with an appropriate reduction of space in order to bring the overall occupancy of that facility to less than 300 people.  Accordingly, the Applicant shall have 120 days in order to develop a plan of action for the permanent reduction of occupancy of the Fellowship Hall within this facility.

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.