The above-captioned case was scheduled for hearing on June 24, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Richard, and Pearson were present.  Commissioner Newbrook recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy McLaughlin of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds that this is a mixed occupancy of day care and assembly.  The Board further finds that the original building in this case was built in 1910 with an addition built in 1957.  The proposed renovations are located in the newer addition.  The addition is type 3B unprotected construction with masonry-bearing walls and interior steel beams and columns.  The proposed renovations would be protected by a municipally connected fire alarm system.  The Applicant is proposing to separate the 1957 addition from the original structure with one-hour fire rated petitioning.  The Applicant has presented the Board with two requests for variance.  The first involves the existing door height.  The second involves a variance to allow the kitchen cooking equipment within this facility to remain as is.  It is the understanding of the Board that all other fire code deficiencies have been corrected by the Applicant.
	
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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of Section 5-1.5 in order to allow the Applicant to maintain rated door height of six feet six inches (6’6”) within the existing masonry door jambs of this facility.  This variance is based on structural hardship.  The Board further grants a variance from the provisions of Section 7-2.3 in order to allow the Applicant to maintain the existing kitchen equipment within this facility.  In granting this variance, it is the understanding of the Board that light cooking only occurs for Church functions and that this equipment shall not be utilized by the day care.  It is the further understanding and direction of the Board that the Applicant shall separate the kitchen from the main hall with a one-hour fire-rated petition with rated door assemblies and a fire shutter connected to the fire alarm system.  Finally, it is the understanding and direction of the Board that the Applicant shall provide the kitchen area with an approved type “K” wall-mounted extinguisher.  The above corrections shall be completed before occupancy of 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 Applicant’s 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 Board’s 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 Board’s 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)].