The above-captioned case was scheduled for hearing on May 19, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Richard, Jasparro, Preiss, Filippi, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Vice Chairman Newbrook and Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the May 19, 2009 hearing on this matter, the Board was advised and finds that the Applicant is requesting a variance from NFPA 101 section 13.7.9.1.1 requiring that folding chairs be tied or otherwise fastened together when there are more than two hundred (200) chairs within structures.  The Board was further advised that the subject of the variance request involves chairs under tents during the University commencement exercises.  The Board was further advised and finds that in holding its commencement activities and class reunions under numerous tents throughout the grounds of the University, in many cases the chairs would be set up for a short period of time (2 to 4 hours) then broken down and reassembled in other areas or other configurations for the next event.  In light of the fact that some of these events begin and end within short periods of time, it has been difficult for the University staff to tie the chairs together and finish on time for the next scheduled event.  
Accordingly, the Board finds that the University is requesting that the first three (3) chairs, situated next to an aisle, be tied together in each row, thus preventing the chairs from being accidentally knocked into the aisles when people are exiting, especially if they are exiting due to an emergency situation.  The Board finds that the Applicants proposal addresses both the needs of the fire service to maintain unobstructed egress from the assembly area, and the Applicants need to transfer these chairs from event to event and to properly secure them.  In light of the above safeguards, it is the understanding of the Board that the Providence Fire Marshal's office has no objection.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.7.9.1.1 in order to allow the Applicant to implement the above plan of action for securing the three (3) chairs located next to the egress aisle during its annual commencement and reunion activities.  The Applicant may rely upon this variance for future commencement and reunion activities, at the direction and to the satisfaction of 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 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)].