The procedural history of this case is outlined in file number 050018A.  The above-captioned case was most recently before the Board on March 27, 2007 at 1:00 P.M.  At that time, a subcommittee of the Board was present and heard this case.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshals Office.  The subcommittee recommendations were approved by the Board on April 3, 2007 pursuant to a motion made by Commissioner Richard and seconded by Commissioner OConnell.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 050018A as its initial findings of fact in this case.  In addition, the Board finds that the Applicant maintains a non-operational elevator on the premises and is requesting a change in the original decision in order to allow this elevator and shaft to be protected by a water curtain instead of an enclosure.  The Board finds the Applicants request to be reasonable.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby modifies the original decisions in this matter in order to allow the Applicant to protect the non-operational elevator and shaft on the premises with an approved water curtain instead of a rated enclosure.  In granting this variance, it is the understanding of the Board that the Applicant has worked with the Woonsocket Fire Marshal's office in order to bring this facility into compliance with the code.

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)].