The above-captioned case was scheduled for hearing on March 7, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Burlingame, Preiss, Filippi, and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal James Waterman of the Smithfield Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a December 22, 2005 inspection report compiled by the Smithfield Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshals Office during the March 7, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the December 22, 2005 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.  During the March 7, 2006 hearing on this matter, the Board was advised that the Applicant would be utilizing blanket variance 05-16 as part of its plan of action for the correction of the fire code deficiencies within this facility.  Blanket variance 05-16 is available to all places of worship who so notify the State Fire Marshal's office.  Blanket variance 05-16 provides an extended time period for compliance to July 1, 2008.  Accordingly, the Board hereby directs the Applicant to correct deficiency 1 by providing this facility with an approved key access box on or before July 1, 2008.  
	2.  The Board hereby grants the Applicant a time variance until July 1, 2008, in order to provide this facility with an approved local fire alarm system. 
	3.  The Board hereby grants the applicant a time variance, until July 1, 2008, in order to provide the fire alarm control panel with a fire alarm test schedule.
	4.  The Board hereby grants the Applicant a time variance until July 1, 2008, to provide an approved Class A flame spread finish on the interior paneling installed at the direction and to the satisfaction of the Smithfield Fire Marshal's office.
	5.  The Board hereby grants the Applicant a time variance until July 1, 2008 in order to present a plan of action for the correction of deficiency 5 to the Smithfield Fire Marshal's office.  The Board hereby grants a variance in order to allow the Applicant to maintain the ceiling tiles within the place of worship and the ceiling tiles over the non-egress areas.  The Board hereby directs the Applicant to replace the non-rated ceiling tiles within the egress system in accordance with a plan of action to be executed on or before July 1, 2008.
	6.  The Board hereby grants the Applicant a time variance until July 1, 2008 in order to correct deficiency 6.  The Board hereby grants the Applicant a variance in order to maintain the existing ceiling tiles within the place of worship and the other non-egress areas.  The Board hereby directs the Applicant to present the plan of action for any further correction of deficiency 6 to the Smithfield Fire Marshal for full compliance on or before July 1, 2008.

 
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)].