The above-captioned case was originally scheduled for hearing on February 3, 2004 at 1:00 P.M.  The Applicant was thereupon granted a variance in order to allow twenty three (23) occupants to sleep in this facility on an emergency shelter basis in accordance with the Board’s guidelines.  The Applicant has now returned requesting an increase in the occupancy of this building due to increased demand.  The most recent hearing on this case was thereupon scheduled for January 25, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Pearson, Filippi and Burlingame were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshal’s Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby adopts its original findings of fact in file number 040029 as its initial findings of fact in this case.  Additionally, the Board finds that the Applicant seeks to increase the number of people occupying this facility from twenty three (23) to forty (40).  The forty (40) people will include thirty eight (38) homeless men and two (2) staff members.  The two (2) staff members would consist of a security guard and a working minister.  The Board notes during the hearing there was a question as to the square footage of this building.  Accordingly, the Board determines that it would be appropriate for the Applicant to prepare a floor plan to be reviewed with the State Fire Marshal’s Office and subsequently be presented to the Board.  It is the understanding of the Board that all other deficiencies in this facility 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby directs the Applicant to develop a floor plan for the requested occupancy of this building and to review the same with State Fire Marshal’s Office.  Assuming compliance with the State Fire Marshal’s guidelines, the Applicant will not have to return to the Board.  In the event that either part needs further clarification the parties may return in two (2) weeks to review the floor plan for approval of this occupancy.

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)].