The above-captioned case was scheduled for hearing on October 2, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Filippi, OConnell, Jasparro, Jackson, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Anthony DiGiulio of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the October 2, 2007 hearing on this matter, the Board had before it a September 18, 2007 letter from the Providence Preservation Society along with a September 21, 2007 letter from the GTECH Corporation.  Upon review of the above correspondence, the Board finds that the Applicant had planned to conduct a gala event on Saturday, October 20, 2007 on the top floor of the GTECH center, commencing with a VIP reception for approximately one hundred (100) people, followed by dinner and dancing for an additional two hundred (200) people.  The Board was further advised and finds that this facility is fully sprinklered and that the egress capacity from the top floor is approximately 360 people, and that the Applicant shall maintain a firefighter on duty. 
	The Board was further advised and finds that the Applicant is requesting that the seventh floor customer gallery area of this building also be increased from the current capacity of eighty (80) people to 125 people for the same one-day event that was scheduled to be held on October 20, 2007.
	Finally, the Board finds that the Providence Fire Marshal's office appeared and had no objection to the requested relief.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby authorizes the Providence Fire Marshal's office to approve issuance of a one-day temporary certificate of occupancy limited to October 20, 2007, allowing the tenth floor of this facility to maintain a temporary occupancy of three hundred (300) people and the seventh floor gallery area of this facility to maintain a temporary occupancy of 125 people, at the direction and to the satisfaction of the Providence Fire Marshal's office.  In granting this relief, it is the understanding and direction of the Board that this facility is fully sprinklered and that the Applicant shall comply with any additional safeguards deemed necessary by the Providence Fire Marshal's office including a firefighter detail assigned to protect the above assembly occupancy.

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)].