The above-captioned case was scheduled for hearing on January 29, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners OConnell, Jasparro, Preiss, Jackson, Walker and Filippi were present.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the Applicant has requested that the Providence Fire Marshal's office be authorized to approve the issuance of a one-day certificate of occupancy to allow for a Winter Bash in the subject facility on Saturday, February 9, 2008.  The Board further finds that the Providence Fire Marshal's office has no objection to the issuance of a temporary certificate of occupancy under the following conditions.
	First, the Board finds that the Providence Fire Marshal's office wishes to conduct an emergency power test prior to the event.  The Board further finds that the Providence Fire Marshal's office is requesting NFPA compliant exit signs to be installed and approved by the Providence Fire Department prior to the event.  The Board further finds that the Providence Fire Marshal's office is requesting that portable fire extinguishers installed in accordance with NFPA 10 are provided.  The Board further finds that the Providence Fire Marshal's office is requesting that a fire watch be provided and that attendance be limited to seven hundred (700) people.  Finally, the Board finds that the Providence Fire Marshal's office has requested the latest copy of the existing sprinkler and fire alarm system testing and maintenance report to be provided by the Applicant.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Providence Fire Marshal's office the authority to approve the issuance of a one-day temporary certificate of occupancy for Saturday, February 9, 2008 in order to allow the Applicant to maintain a Winter Bash at the American Locomotive Works located at 555 Valley Street in Providence.  As a condition of this variance, the Board directs the Applicant to provide the Providence Fire Marshal's office with all of the safeguards listed above.

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)].