The above-captioned case was most recently scheduled for hearing on April 25, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Burlingame and Filippi were present.  The fire service was represented by Chief Deputy State Fire Marshal Michael DiMascolo of the State Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 030162 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has requested that the State Building Commissioner issue a temporary certificate of occupancy in order to allow the Applicant to utilize two (2) elevators in order to transport furniture within this building for eventual occupancy of the building.  The State Fire Marshal's office appeared and advised the Board that it would oversee this operation.  It is the additional finding of the Board that the building will not otherwise be occupied and that the elevators will be simply operating to allow the transportation of the furniture.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the State Fire Marshal's office the authority to approve the issuance of a temporary certificate of occupancy in order to utilize two (2) of the elevators within this facility to transport furniture, at the direction and to the satisfaction of that office.  Specifically, in granting this relief, the Board directs the Applicant to provide the elevators and adjoining areas with any additional safeguards deemed necessary by the State Fire Marshal's office.

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)].