The above-captioned case was scheduled for hearing on June 13, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Preiss, Burlingame, Pearson, Filippi and OConnell were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Vice Chairman Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this is a 170,000 square foot building currently utilized as the Life Sciences building at Brown University.  The facility consolidates the molecular biology, cell biology, biochemistry and neurosciences departments into a single, state of the art research building.  The Board further finds that the Applicant has requested that the Providence Fire Marshal's office be granted the authority to approve the issuance of a temporary certificate of occupancy for this facility.  It is the understanding of the Board that all major fire protection features in this facility have been installed by the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby authorizes the Providence Fire Marshal's office to approve the issuance of a temporary certificate of occupancy for this facility pursuant to any additional safeguards deemed necessary by the office.  It is the understanding of the Board that the Applicant shall provide an alternative egress path to the occupants of this facility during this temporary period of occupancy and that the temporary certificate of occupancy will primarily be utilized by the faculty in preparing for the upcoming 2006-2007 academic year.

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)].