The above-captioned case was scheduled for hearing on March 2, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Filippi, Walker, Preiss, Jasparro, Dias and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark H. Wood of the Narragansett Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Based upon the documentation submitted and the testimony taken during the March 2, 2010 hearing on this matter, the Board finds that the Applicant has proposed to install an "elevette" to serve six (6) non-public rooms and a small study at the subject facility.  The "elevette" will not be for public use and will not be utilized by the Narragansett Fire Department during any of its operations within this facility.  The Board further finds that the Applicant will maintain emergency telephones and an area of refuge at the top of the stairs of this facility.  The Board further finds that the Applicant shall maintain a machine room and a two-hour rated shaft way for the "elevette".  Finally, the Board finds that the Narragansett Fire Marshal's office has no objection to the requested relief.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance from the provisions of sections 13.8.10.5.14 and 13.8.10.5.15 of the Rhode Island Uniform Fire Code along with section 9.4.2.1 of the Rhode Island Life Safety Code in order to allow the Applicant to maintain the "elevette" proposed for this facility without the modifications noted by the Narragansett Fire Marshal's office in their January 22, 2010 letter covering the requirements for the "elevette".  In granting this relief, it is the understanding of the Board that the Narragansett Fire Marshal's office has no objection based on the limited non-public use and the fact that the "elevette" shall not be utilized for firefighting purposes by the Narragansett Fire Department.


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)].