The above-captioned case was scheduled for hearing on April 1, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Pearson, Newbrook, Richard, Coutu, Filippi, Burlingame, O’Connell and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Richard 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 September 13, 2002 plan review report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the April 1, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the September 13, 2002 inspection report as its initial findings of fact.  Any modification of the Board’s 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby directs the Applicant to correct deficiency #1 by providing an approved additional step to allow access to the altar of this facility.
	
2.  The Board hereby grants a variance from the provisions of Section 8-2.1 and 5-2.1.4.1 in order to allow the Applicant to maintain door swings compatible to the accessibility codes covering this facility as long as these door swings do not provide this facility with undue obstructions as determined by the Providence Fire Marshal’s office.  In the event that the Applicant and the Providence Fire Marshal cannot agree to the maintenance of these door swings, the Board shall maintain this file open in order to allow the parties to return and have this specific issue addressed.
	
3, 4, 5, 6.  It is the understanding of the Board that the Applicant shall correct deficiencies 3, 4, 5, and 6 at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this Decision.
	
7.  The Board hereby directs the Applicant to correct deficiency 7 by modifying its plan for seating in order to comply with the cited code provisions at the direction and to the satisfaction of the Providence Fire Marshal.  The Board hereby maintains this file open in the event that the Applicant or the Fire Marshal of Providence wish to revisit this issue.
	
8.  The Board hereby directs the Applicant to correct deficiency 8 at the direction and to the satisfaction of the Providence Fire Marshal with a newly repaired bulkhead.  In the event the Applicant and the Providence Fire Marshal are unable to resolve this issue, they may return to the Board.
	
9, 10, 11.  The Board hereby directs the Applicant to correct deficiencies 9, 10, and 11 at the direction and to the satisfaction of the Providence Fire Marshal.
	
12.  The Board hereby directs the Applicant to correct deficiency 12 by either certifying the rating of the basement door or replacing it at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this Decision.
	
13.  The Board hereby directs the Applicant to correct deficiency 13 by submitting the required plans to the Providence Fire Marshal within 120 days of the date of this Decision.
	
14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 at the direction and to the satisfaction of the Providence Fire Marshal.
	
15.  The Board hereby maintains this file open until a final certificate of occupancy is issued in the event the Applicant or the Providence Fire Marshal needs to return for further direction and consideration by the Board.

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)].


Decision mailed on 7-23-03.