The above-captioned case was scheduled for hearing on July 13, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Preiss, Richard, Pearson, Jasparro, Dias and Filippi 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 Jasparro and seconded by Commissioners Filippi and Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
The Board hereby incorporates its original findings of fact in file numbers 070325, 070325A and 070325 B as its initial findings of fact in this case.  In addition, the Board finds that the facility, as currently configured, is in compliance with the fire code.  However, the Board finds that the Applicant is currently in the process of determining the optimal utilization of the spaces within this facility.  Accordingly, the parties are requesting a time extension, until September of 2012, for the final fire code upgrades to Alumni Hall.  As a condition of the time extension, the Applicant has agreed to the plan of action outlined in the Moses Brown School memorandum dated March 12, 2010 and incorporated herein by reference.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby extends the final deadline for compliance for the fire code upgrades to Alumni Hall to September of 2012.  As a condition of this time variance, the Board directs the Applicant to continue to enforce the plan of action outlined in the Moses Brown School memorandum dated March 12, 2010 at the direction and to the satisfaction of the Providence Fire Marshal's 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)].