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 OConnell, Filippi, Walker, Jasparro, Jackson, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Potter of the Warwick Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioners Jasparro and Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this is a masonry two-story building that is fully sprinklered with a partial basement that is not served by the elevator.  The Board further finds that a recent elevator inspection identified three (3) fire code deficiencies.  The Board further finds that the Applicant has corrected the first deficiency by providing a dedicated phone line to the cab for emergency use.  The Board further finds that the Applicant is addressing the second item by securing a letter from the State Fire Marshal's Office to allow the removing or capping of a sprinkler head in the elevator machine room.  The Board finds that the third requirement listed by the elevator inspector was to install firefighter service phases one and two capability pursuant to the RI Fire Alarm Code section 13.8.10.5.14.  The Applicant is requesting relief from the installation of phase two in this system.  Finally, the Board finds that the existing elevator travels between two (2) stories only at a distance of less than twenty-five (25) feet.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.8.10.5.14 in order to grant the Applicant relief from complying with phase two on the elevator in this facility as described above.  In granting this relief, the Board notes that the newest regulations in this regard exempt elevators that travel twenty-five feet or less and would not require this elevator to maintain phase two coverage.  In light of the above, it is the understanding of the Board that both the Warwick Fire Marshal and the State Elevator Inspector have no objection.  Finally, the Board notes that if the elevator machine room has the sprinkler head replaced, that is should be replaced only with a heat detector.
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)].