The above-captioned case was most recently scheduled for hearing on September 27, 2005 as an item of old business.  At that time, Acting Chairman Coutu and Commissioners Richards, Blackburn, Newbrook, Preiss, Evans, Burlingame, Pearson, OConnell and Filippi were present.  A motion was made by Commissioner Evans and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	Brown University had previously come before the Board in order to secure permission to conduct their commencement exercises within the First Baptist Church, located at 75 North Main Street in Providence.  Brown University was most recently granted permission to conduct the 2005 ceremony within the above premises.  Brown Universitys representative has returned to the Board requesting that the commencement exercises be allowed year after year, at the direction and to the satisfaction of the Providence Fire Marshals office.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby amends the previous decisions covering this facility in order to allow Brown University to conduct commencement exercises, on a year after year basis, provided that the plan of action for the commencement exercise is annually approved by the Providence Fire Marshals office.  The Board hereby maintains this file open in the event that there are requests for interpretation or clarification of this variance by either the Applicant or the Providence Fire Marshals office.

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)].