The above-captioned case was scheduled for hearing on December 9, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Jackson, Jasparro, Pearson, Walker, Filippi and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the Applicant is proposing a new assembly occupancy on the third level of the subject facility.  The Board further finds that the Applicant shall provide full sprinkler coverage and fire alarm coverage prior to the assembly occupancy being instituted on the third level.  The Board further finds that the Applicant is willing to provide any additional safeguards deemed necessary by the Providence Fire Marshal's office for the maintenance of an assembly occupancy on the third level.  Finally, the Board finds that the parties are proposing to limit the occupancy of the fourth level to one hundred four (104) people maximum.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.1.6 in order to allow the Applicant to maintain a Place of Worship place of assembly on the third level of this facility.  In granting this relief, the Board notes that this third level shall be fully sprinklered and alarmed and that the Applicant will provide any additional safeguards deemed necessary by the Providence Fire Marshal's office prior to the institution of the Place of Worship place of assembly occupancy.  Finally, the Board limits the above occupancy to a maximum of one hundred four (104) people 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)].