The above-captioned case was scheduled for hearing on February 15, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame, Pearson, and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Lynch of the Portsmouth Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a July 14, 2004 inspection report compiled by the Portsmouth Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Portsmouth Fire Marshal’s Office during the February 15, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 14, 2004 inspection report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	
Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term “approved”, as used herein, is understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the State Fire Marshal.”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  It is the understanding of the Board that the Applicant has corrected deficiency #1 to the satisfaction of the Portsmouth Fire Marshal’s office.
	
2.  During the February 15, 2005 hearing on this matter, the Board was advised that the east stairwell of this facility has a smoke barrier.  The Board was further advised that the south stairwell has a means of escape on the first floor.  The Board was further advised that the second floor is normally not an occupied space and is limited to storage of non-combustible materials.  The Board was further advised that the Applicant has provided some separation.  Accordingly, in light of the above and conditioned upon the current configuration of the stairways and limited occupancy, the Board hereby grants a variance from the provisions of section 13.2.1 and 7.1.3.2.1 in order to allow the Applicant to maintain the above cited stairwells in their current condition.  However, the Board notes that if the Applicant increases the occupancy of this facility or otherwise deviates from the above findings, the Applicant shall be directed to correct this deficiency.
	
3. – 8.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4, 5, 6, 7 and 8 at the direction and to the satisfaction of the Portsmouth 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 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)].