The above-captioned case was scheduled for hearing on August 12, 2003 at 1:00 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Burlingame, Pearson, O’Connell and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	
This matter was previously before the Board and a decision was rendered on July 2, 2003. The Applicant has returned to the Board requesting additional time to comply. Specifically, the Board originally gave the Applicant a time variance until July 31, 2003 to replace the existing elevator with a new approved elevator equipped with an approved functioning fire service panel. In granting that variance, it was the understanding of the Board that the existing elevator is currently equipped with a telephone for two way communication and it was the further understanding of the Board that in the event of an emergency the existing elevator can be shut down from the front desk. Finally, it is the understanding of the Board that this facility was fully sprinklered.  The Applicant now has reappeared to the Board requesting additional time to comply. 

ONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant additional time to correct deficiency #1 as outlined in its decision dated July 2, 2003. Specifically, the Applicant shall have until December 31, 2003 to bring the elevator of this facility into compliance with the State Fire Code. During this period, all of the above safe guards shall be maintained by the Applicant as outlined in the Board’s finding.

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 Applicant’s 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 Board’s 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 Board’s 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)].