The above-captioned case was scheduled for hearing on November 27, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, OConnell, Filippi, Walker, Jasparro, Preiss and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Lisa Krapf and Christopher Dillon of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Richard and Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
Letter from the Applicants architects, Rhinebeck Architecture & Planning PC.
	The November 13, 2007 architects letter was utilized by the Board, the Applicant and the Fire Marshals Office during the November 27, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the November 13, 2007 architects letter as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, or a change in the proposed schedule, shall be noted herein. 
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the November 27, 2007 hearing on this matter, the Board was advised that the Applicant needed to provide the Middle House with kitchen suppression.  Accordingly, the Board hereby grants the Applicant a time variance until January 1, 2008 in order to provide the Middle House stove with a hood and Ansul system at the direction and to the satisfaction of the Providence Fire Marshal's office.
The Board hereby grants the Applicant a second time variance until February 29, 2008 in order to bring the West Middle House into complete compliance with the code in accordance with the November 13, 2007 letter submitted by the Applicants architect.
	2.  The Board hereby grants the Applicant a time variance until the commencement of the 2008-2009 academic year in order to replace the fire alarm system in the Alumni Hall/East Wing and confirm or add emergency egress lighting at the buildings exterior egress location.  The above time variance shall extend to Field House life safety improvements including a new sprinkler system and fire alarm upgrades during the summer of 2008 as outlined in the November 13, 2007 letter from the Applicants architect.
	3.  The Board hereby grants the Applicant a time variance prior to the commencement of the 2009-2010 academic year in which to replace the fire alarm system and upgrade the emergency lights and exit signs in Middle House, Burnham House and the Sinclair Room, at the direction and to the satisfaction of the Providence Fire Marshal.  Specifically, these above corrections shall be taking place during the summer of 2009.
	4.  The Board hereby grants the Applicant a time variance until the commencement of the 2010-2011 academic year, in order to allow the Applicant to reconstruct the Alumni Hall/East Wing to provide newly configured educational space in compliance with fire code requirements.  The Board notes that this reconstruction is scheduled to take place during the summer of 2010.
	5.  The Board hereby grants the Applicant a time variance prior to the commencement of the 2011-2012 academic year in order to allow the Applicant to renovate the Gifford Building to provide newly configured educational space that is in compliance with fire code requirements.  As outlined in the November 13, 2007 letter from the Applicants architect, these renovations should take place during the summer of 2011.
	6.  In anticipation of future variance requests during the above period, the Board shall leave this file open in the event the Applicant and/or the Providence Fire Marshal's office wishes to address additional issues.

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)].