The above-captioned case was scheduled for hearing on January 8, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Walker, Jasparro, Preiss, Pearson and Jackson were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz Sr. of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the January 8, 2008 hearing on this matter, the Board had before it a November 5, 2007 letter from the Applicants engineer, Hughes Associates.  The November 5, 2007 letter was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the January 8, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the November 5, 2007 letter as its initial findings of fact.  
	The Board further finds that the subject facility, the Sidney Franks Life Science Building (Life Science Building) completed substantial construction in mid 2007.  However, it is the understanding and finding of the Board that the facility had never received a full certificate of occupancy and had been occupied under multiple three-month extensions of the original TCO.  The Board further finds that the reason for the failure to issue a CO is that the new Life Science Building was designed and constructed based on the assumption that the adjacent Bio Medical Center was fully sprinklered.  However, the Board finds that the Bio Medical Center is not fully sprinklered.  The Board finds that the Applicant is requesting a long term TCO for a period of eighteen (18) months in order to address this situation.  Specifically, the Applicant plans to fully sprinkler the Bio Medical Center within the eighteen month period in order to secure a final CO for the Life Science Building.  
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby authorizes the Providence Fire Marshal's office to approve the issuance of a long-term CO of eighteen (18) months to allow for the continued occupancy of the Brown University Life Science Building.  In granting this relief, the Board notes that the Applicant plans to completely sprinkler the adjacent Bio Medical Center within the eighteen month period in order to qualify it as a fully sprinklered building and therefore eliminate the objections that the Providence Fire Marshal's office has raised and to allow the Providence Fire Marshal's office to support the issuance of a permanent certificate of occupancy for this facility upon completion of the above sprinklering program.

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)].