The above-captioned case was scheduled for hearing on May 11, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Coutu, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Burlingame abstaining.

FINDINGS OF FACT
	
During the May 11, 2004 hearing on this matter, the Board was advised and finds that the Applicant, Brown University, is seeking approval to hold their Commencement Day Ceremony at the First Baptist Church located at 75 North Main Street, Providence, RI.
	
The Board was further advised and finds that two (2) ceremonies will be conducted.  Each ceremony is two (2) hours long and will be held on consecutive days.  The event is going to be held on Sunday May 30th  from 12:00 p.m. to 2:00 p.m. and Monday May 31st from 9:00 a.m. to 11:00 a.m.  The occupancy during these events will primarily consist of faculty and staff of Brown University, graduating students, and parents of graduating students.  Alcohol will not be served before, during or after the event.
	
The Board was further advised and finds that Brown University has developed a crowd management plan solely for the use of this event, and that the crowd managers shall be trained in communication methods, exit locations, exit routes, fire extinguisher location and use, and general evacuation plan.
	
In addition, Brown University police officers, security officers, fire safety officers, EMS crew, and two (2) Providence Fire Department details will be on-site during the commencement activities.  A detail crowd management plan was further submitted to the Board and incorporated herein by reference.
	
Finally, the Board was advised and finds that all egress paths will be inspected immediately prior to the event and all objects will be cleared from the egress paths where necessary.  Area of concern (organist’s office, piano in front of sanctuary), will be cleaned before the event and available for review by the Providence Fire Department at least two days prior to the event.  The Applicant is seeking to maintain an occupancy of 1108 people in the sanctuary and approximately 501 people in the balcony of this church during the commencement activities.  The above calculations were based on the May 11, 2004 exit capacity calculation report.  The Providence Fire Marshal’s Office appeared and objected for the record.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance in order to allow the Applicant to conduct the proposed commencement ceremonies on May 30th  and May 31st as outlined above.  In granting this variance, the Board notes that the Applicant shall fully comply with the previously submitted safety precaution plan and the crowd management plan.  During this limited variance, the Applicant shall be allowed to maintain an occupancy of 1108 people in the sanctuary and 501 people in the balcony of the First Baptist Church.  As a condition of this variance, the Applicant shall fully comply with the safety precaution outlined above including the provision of two (2) firefighter details during the commencement services.  Finally, the Board notes the objection of the Providence Fire Marshal’s Office for the record.

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 Applicant’s 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 Board’s 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 Board’s 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)].