The above-captioned case was originally scheduled for hearing on May 11, 2004 and a decision, granting the Applicant’s requested relief, was issued on May 26, 2004.  The Applicant has requested that this file be re-opened in order to allow Brown University to again provide commencement activities at the above location pursuant to a newly developed plan of action.  The new hearing was scheduled for May 24, 2005 at 1:00 P.M.  At that time, the Board reviewed the plan of action developed by Hughes Associates for the 2005 Brown University commencement day at the First Baptist Church in Providence.  The Board was further advised that the Providence Fire Marshal’s office had no objection.  A motion was made by Commissioner Evans and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby incorporates as its initial findings of fact its original decision in file number 040123.  In addition, the Board hereby adopts as its follow-up findings of fact the plan submitted by Hughes Associates for the 2005 Brown University commencement day.  It is the understanding of the Board that the Providence Fire Marshal’s office has worked closely with Brown University in the development of this plan and that they have no objection to the plan.  It is the further understanding of the Board that all other fire code deficiencies in this facility have been corrected by the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance in order to allow Brown University to hold their 2005 commencement activities at the First Baptist Church in accordance with the submitted plan of action.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshal’s office had no objection.  

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)].