The above-captioned case was scheduled for hearing on November 14, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Newbrook, Preiss, Filippi and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the November 14, 2006 hearing on this matter, the Board was advised and finds that the Applicant has proposed to install a person chair lift on the new staircase in the great room area of the First Baptist Church.  The staircase was previously granted a variance by the Board of Appeal and Review in a decision in file number 050136.  The above variances allowed the staircase to be maintained as a sole means of egress from the second level of this facility which was limited in occupancy to approximately six (6) people, for use of the minister and choir before services and for wardrobe changing.  The Applicant plans to install a chair lift on the staircase in order to assist elderly members of the parish.  The Board further finds that the chair will fold up in the event of a power failure and that the chair swings completely out of the way of the staircase when it is not in operation.  The Board further finds that the Applicant has proposed to remove the inside rail in order to maximize the space of this staircase to allow for rapid egress.  Finally, it is the understanding of the Board that the occupancy shall remain limited to no more than six (6) people at any one time.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the above, the Board hereby grants a variance in order to allow the Applicant to maintain the above described chairlift on the stairway servicing the mezzanine area of this church.  In granting this variance, it is the understanding of the Board that the mezzanine area shall be limited to no more than six (6) people at any one time and that the cited chairlift swings completely out of the way to eliminate any obstruction of egress.  The Applicant is further allowed to remove the inside rail servicing the stairway in order to maximize the allowable space.

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)].