The above-captioned cases were scheduled for hearing on January 13, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Pearson, Walker, Jasparro, Preiss and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva, Frank Mills and Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the January 13, 2009 hearing on this matter, the Board was advised and finds that the private fire service located on the main green of Brown Universitys Providence Campus has developed a leak.  The Board was further advised and finds that the initial work was performed in an attempt to locate and repair the leak.  However, the leak was not found.  Accordingly, the Board finds that the fire service has been taken out of service.
	The Board finds that originally the Applicant had four (4) buildings that were maintained without sprinkler coverage as a result of the fire service being taken out of service in this case.  Moreover, the Board finds that the Applicant has been able to bring one of the facilities (Hope College Dormitory) back on line by providing this dormitory with an alternative water supply.  However the Board finds that the other dormitory, Slater Hall, and Manning Hall and University Hall currently do not have full sprinkler coverage.  The Board further finds that Manning Hall contains a chapel and that University Hall is an administrative building.
	The Board further finds that Brown University is currently reviewing design alternatives to re-supply the private fire service.  The Board finds that the Applicant has submitted an action plan with a revised date of January 13, 2009.  As part of this action plan, the Board finds that the Applicant has been providing a fire watch throughout the remaining three (3) buildings while the systems are impaired and that the University would provide a walk-through of each building at intervals not exceeding two (2) hours.  The Board further finds that the Applicant is developing construction documents to immediately re-supply fire protection in the dormitories.  The Board finds that the fire service connection to the Slater Hall dormitory was scheduled to be completed by January 16, 2009.  The Board further finds that if this upgrade schedule is not met for this building, that the Applicant shall continue the twenty-four hour fire watch.  The Board further finds that Brown University is currently reviewing the design alternatives to Manning Hall and University Hall and to the two private yard hydrants that were affected by the loss of water supply.  The Board further finds that this is an ongoing process which will be completed as soon as possible.  The Board further finds that all four (4) buildings are protected by municipally connected fire alarm systems.  Finally, the Board finds that the Applicant has requested to keep these files open in the event of a future need to return.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the Applicants revised January 13, 2009 plan of action for the safety of the subject facilities.  The Board further notes that the dormitories should be brought on line prior to student occupancy.  In the event they are not, the Board shall allow the Applicant to continue its plan of action of providing a fire watch for these facilities until the sprinkler system is brought on line.  Finally, the Board shall maintain these files as open files until such time as the Applicant completes this plan of action to re-supply the sprinkler and hydrant systems within 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 Applicants 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 Boards 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 Boards 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)].