The above-captioned case was scheduled for hearing on October 21, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Pearson, Walker, Jackson, Richard, Preiss and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Glenn Bathgate of the Cranston Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Dias, Filippi and Blackburn.

FINDINGS OF FACT
	During the October 21, 2008 hearing on this matter, the Board was advised that the Applicant plans to install an ADA compliant elevator to provide access to this facility.  The Board was further advised that this is an existing business building with two (2) approved stairwells and that the building is not currently handicap accessible, although it does contain a chair lift that is attached to an existing stair.  However, the Board further finds that the lift restricts the width of the stairs to less than the allowable width.  The Board further finds that the access to the stair landings within the building from the exterior is non ADA compliant.
	The Board finds that, in light of spatial restriction, the Applicant has proposed to utilize a space under the stairs as an elevator equipment room.  The Board further finds that the space under the stairs would be two-hour fire rated and vented directly to the outside.  The Board further finds that the Applicant wishes to locate the elevator in the stair shaft system in accordance with the requirements for smoke-proof enclosures.  In light of the above, the Applicant is seeking two (2) variances from the Fire Code in order to bring this facility into ADA compliance.  Finally, the Board finds that the Cranston Fire Marshal's office has no objection to this request in light of the Applicants fire alarm upgrades and spatial restrictions.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 7.2.2.5.3.2 in order to allow the Applicant to provide an elevator equipment room beneath the stair landing between the basement and the first floors of this facility.  In granting this relief, the Board notes that the equipment room shall be provided with an approved two-hour fire rating and properly vented to the outside, at the direction and to the satisfaction of the Cranston Fire Marshal.
	2.  The Board hereby grants a variance from the provisions of section 7.2.12.1.1 in order to allow the Applicant to locate the proposed elevator within the area of the stairwell as outlined in the plan submitted to the Cranston Fire Marshal's office.  In granting this relief, it is the understanding of the Board that the Cranston Fire Marshal's office has no objection in light of the Applicants fire alarm upgrade and spatial limitations.
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)].