The above-captioned case was scheduled for hearing on April 4, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame, Filippi and OConnell were present.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshal's office.  In addition, the Board contacted Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal's office and was advised that he had no objection to the requested relief.  A motion was made by Commissioner Blackburn and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the April 4, 2006 hearing on this matter, the Board was advised and finds that the Applicant wishes to change the use and occupancy of this facility for one day.  Specifically, the Applicant wishes to convert this building to a temporary assembly occupancy in order to conduct a fundraiser for the Sophia Academy.  The Board was further advised and finds that the Applicant would agree to any stipulations deemed necessary for this one-day conversion, by the Providence Fire Marshal's office.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a variance in order to conduct a single fundraiser at this facility for the Sophia Academy.  Specifically, the Applicant shall be allowed to utilize this facility as a temporary assembly occupancy for the period of one day in order to conduct this fundraiser.  The Board notes that this is for a one-time event only, and that any future events would need to be again approved by the Board.  Finally, as a condition of this variance, the Board directs the Applicant to comply with any additional mandates deemed necessary by the Providence Fire Marshal's office prior to use of this facility as an 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)].