The above-captioned case was scheduled for hearing on March 31, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Preiss, Jasparro, Walker, Pearson, Filippi, Jackson 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 Preiss and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the March 31, 2009 hearing on this matter, the parties had before it a February 12, 2009 summary of the subject facility and issues presented by the Providence Fire Marshal's office.  The above summary was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the March 31, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the February 12, 2009 summary prepared by the Providence Fire Marshal's Office as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	The Board further finds that the issue before it has to do with occupancy load.  Specifically, the Board finds that the architect has based the occupancy load on a factor of fifteen for the open areas of the field house.  The Board further finds that due to an absence in the limitations of the field house use, the Providence Fire Marshal's office felt obligated to calculate the occupant load using seven square feet per person outlined in assembly without fixed seating.  Finally, the Board finds that the parties have submitted this case to the Board for resolution.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to maintain the posted occupancy load of 5,989 people which is calculated at fifteen square feet per person under a less concentrated use occupancy for this facility.  As a condition of this variance, the Board directs the Superintendent of Schools and the Director of Public Property for the City of Providence to submit to the Fire Marshal's Office a confirmation letter indicating that the occupancy of this building shall be so limited to the above number.  The letter should further indicate that the Providence Fire Marshal's Office will be consulted prior to any temporary increase in the maximum occupancy of this facility for any event and that the increase shall not occur until the Providence Fire Marshal's Office is satisfied that all safeguards have been first put in place for the temporary event.  Such a request to the Providence Fire Marshal's Office for a temporary increase in occupancy shall further be submitted to that office in writing and responded to in writing.

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)].