The above-captioned case was scheduled for hearing on April 24, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jackson, Sylvester, Blackburn and Richard were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the April 24, 2012 hearing on this matter, the Board had before it an April 20, 2012 letter from Deputy State Fire Marshal Cynthia Dehler to Miss Kimberly Borek, Events Manager of the Lifespan Development Office.  The Board was thereupon advised by the parties that the only modification to this letter was a change in the time of the May 5th event.  Specifically, the May 5th event would be scheduled from 6:00 PM through 11:30 PM.  The Board was further advised that the fire alarm system of this facility had been corrected as of the day of the hearing, and that in all other aspects the Applicant would comply with the April 20, 2012 letter of the State Fire Marshals Office.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant the ability to maintain a one-time event assembly occupancy of the subject facility on Saturday, May 5, 2012 in accordance with the guidelines and requirements outlined in the attached April 20, 2012 letter from the State Fire Marshals Office.  Specifically, the Applicant shall comply with the State Fire Marshals request, at the direction and to the satisfaction of that Office, before, during and after this event.

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)].