The above-captioned cases were originally scheduled for hearing on February 15, 2005 and thereupon rescheduled for March 1, 2005.  Prior to the initial hearing, a representative of the Board toured this facility with the Applicant and the Barrington Fire Marshal on February 10, 2005.  After the initial hearing, it was determined that an additional subcommittee on-site review of this complex would be beneficial.  Accordingly, a subcommittee of the Board again toured this complex on March 9, 2005.  At that time, the Applicant and the Barrington Fire Marshals office were directed to provide the Board with a comprehensive plan of action for the fire safety of this complex.  That plan was completed and the above captioned cases were thereupon scheduled for rehearing on May 3, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Evans, Burlingame, Pearson and Filippi 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 Evans to approve the Applicants plan of action as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts as its initial findings of fact the May 2, 2005 plan of action report developed by the Applicant and the Barrington Fire Marshals office.  The Board further adopts as its findings of fact the referenced inspection reports compiled by the Barrington Fire Marshals office on September 10, 2004 covering each of the subject buildings in file numbers 040357, 040358, 040359, 040360, 040361, 040362, 040363, 040364, 040365, 040366, 040367 and 040368. 
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.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance in order to allow the Applicant to provide all of the buildings within this complex with approved fire alarm coverage and to further correct all remaining deficiencies not related to sprinkler coverage or cooking, on or before December 31, 2005.  The above deficiencies shall be corrected at the direction and to the satisfaction of the Barrington Fire Marshals office before the above date.  With regard to sprinkler coverage, the Board hereby grants the Applicant a time variance until December 31, 2006, to provide all necessary sprinkler coverage, at the direction and to the satisfaction of the Barrington Fire Marshals office.  With regard to cooking issues, the Board hereby directs the Applicant to bring the remaining facilities into compliance with the provisions of NFPA 96, at the direction and to the satisfaction of the Barrington Fire Marshals office, on or before July 31, 2006.  
	The following is a building by building plan of action for this complex.  With the exception of those items noted to receive variances, the Applicant is directed to correct the remaining items within the above time frames.

 
Westgate Apartments (040357)
	1.  The Board hereby grants a variance in order to allow the cited apartments to maintain the existing means of escape.  Specifically, the Applicant shall be allowed to maintain the existing dimensions of the windows cited in the September 10, 2004 inspection report covering this facility.  The Board hereby directs the Applicant to correct all remaining deficiencies in the September 10, 2004 inspection report covering this facility, at the direction and to the satisfaction of the Barrington Fire Marshals office, in accordance with the timetables outlined above.

General Office (040358)

	The Board hereby directs the Applicant to correct all remaining deficiencies outlined in the September 10, 2004 inspection report covering this facility, within the timelines outlined above.

Grounds Shed (040359)
	The Board hereby directs the Applicant to correct all remaining deficiencies outlined in the September 10, 2004 inspection report covering this facility, within the timelines outlined above.

Marie King Learning Center (040360)
	The Board hereby directs the Applicant to correct all remaining deficiencies as outlined in the September 10, 2004 inspection report covering this facility, in accordance with the above time frames.
Blanchard House (040361)
	3.  The Board hereby grants a variance from the provisions of sections 7.2.2.2.1(b) and 7.1.5.1 in order to allow the Applicant to maintain the existing dimensions of the stairway to the second floor of this facility.  This variance is based on structural hardship.
	5.  The Board hereby grants a variance from the provisions of section 31.2.1.2 in order to allow the Applicant to maintain the existing means of escape from the existing apartments.  This variance is also based on structural hardship in order to allow the Applicant to maintain the existing windows leading from the apartments of this facility.
	The Board hereby directs the Applicant to correct all remaining deficiencies as outlined in the September 10, 2004 inspection report covering this facility, in accordance with the above time frames.

Messerlian Building (040362)

	4.  As outlined above, the Board hereby grants the Applicant a time variance until July 1, 2006 in order to provide the cited commercial stoves with protection pursuant to NFPA 96, 2002 edition.  
	5.  It is the understanding of the Board that deficiency 5 is moot, and that sprinklers are not currently required for the cited classroom space.
	13.  The Board hereby grants a variance from the provisions of section 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing non-compliant winders in the stairs in the south stairway of this facility.
	The Board hereby directs the Applicant to correct all remaining deficiencies as outlined in the September 10, 2004 inspection report, in accordance with the above time frames.

Crandall Chapel/Gymnasium (040363)

	The Board hereby finds that item 15 is moot and not a requirement of the code.  The Board hereby directs the Applicant to correct all remaining deficiencies, as outlined in the September 10, 2004 inspection report, in accordance with the above time frames.

Heroo Hall (040364)
	15.  It is the understanding of the Board that deficiency 15 has been corrected by the Applicant, eliminating the cited occupancy.
	17.  The Board hereby grants a variance from the provisions of section 29.2.1.2 in order to allow the Applicant to maintain the existing window size in the guest rooms or suites of this facility.  This variance is based on structural hardship in light of an objection by the fire Marshal.
	The Board hereby directs the Applicant to correct all remaining deficiencies as outlined in the September 10, 2004 inspection report, in accordance with the above captioned time frames.

 
Chase Hall (040365)
	12.  The Board hereby grants a variance from the provisions of section 29.2.1.2 in order to allow the Applicant to maintain the existing window size for a means of escape from this facility.  This variance is also based on structural hardship.
	The Board hereby directs the Applicant to correct all remaining deficiencies, as outlined in the September 10, 2004 inspection report, in accordance with the above time frames.

Campbell-Wilson Hall (040366)
	13.  The Board hereby grants a variance from the provisions of section 29.2.1.2 in order to allow the Applicant to maintain the existing window size as a means of escape from the cited guest rooms or suites.
	The Board hereby directs the Applicant to correct all remaining deficiencies as outlined in the September 10, 2004 inspection report, in accordance with the above time frames.

Gibson Memorial Hall/East Gate and North Halls (040367)
	6.  The Board hereby grants a variance from the provisions of section 13.3.1 in order to allow the Applicant to maintain the existing glass enclosed stairwells with approved sprinkler coverage, installed at the direction and to the satisfaction of the Barrington Fire Marshals office in accordance with the above time frames.
	10.  The Board hereby grants a variance from the provisions of section 31.2.1.2 in order to allow the Applicant to maintain the existing apartment windows as means of escape from the apartment units of this facility.  This variance is based on structural hardship.
	17.  The Board hereby grants a variance from the provisions of section 7.2.2.3.2.1 in order to allow the Applicant not to provide an outside landing at the exit from the prayer tower.  This variance is base on structural hardship.
	The Board hereby directs the Applicant to correct all remaining deficiencies as outlined in the September 10, 2004 inspection report, in accordance with the above time frames.

Westgate Business Office Adjacent (040368)
	The Board hereby directs the Applicant to correct the remaining deficiencies as outlined in the September 10, 2004 inspection report, in accordance with the above time frames.

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)].