The above-captioned case was reviewed on February 1, 2005 at 1:00 PM.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Filippi, Burlingame, Pearson and Coutu were present.  A motion was made by Commissioner Burlingame and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the February 1, 2005 hearing on this matter, the Board was advised and finds that the Applicant sought to temporarily change the use of this complex to Assembly for a twenty four (24) hour period commencing at 0800 hours on February 12, 2005 and terminating at 0800 hours on February 13, 2005.  The temporary change of use would allow the Providence Preservation Society to conduct their annual gathering at this facility.  The Board was further advised and finds that representatives of the Providence Fire Marshal’s office shall be in attendance as firefighters on duty, and that the Applicant shall comply with all additional requirements deemed necessary by the Providence Fire Marshal’s office.  

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a the Applicant a variance in order to allow the temporary change of occupancy of this facility to Assembly from 0800 hours on February 12, 2005 through 0800 hours on February 13, 2005.  In granting this temporary change of occupancy request, the Board hereby directs the Applicant to comply with all additional safeguards deemed necessary by the Providence Fire Marshal’s office.  

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)].