This facility was previously before the Board and a decision was issued in file number 070390.  The Applicant has returned requesting additional relief.  Accordingly, the above-captioned case was scheduled for hearing on January 29, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners OConnell, Jasparro, Preiss, Jackson, Walker and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Phillip Simmons of the Portsmouth Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Upon review of the documents submitted and the testimony taken, the Board finds that it had originally granted a time variance to allow the Applicant to correct the outstanding deficiencies within this complex.  The Board further finds that subsequently, the Newport Water Department submitted plans to the Portsmouth Fire Marshal's office for the installation of a sodium hydroxide tank on the property.  The Board further finds that upon review of the plans, the Portsmouth Fire Marshal's office determined that the tank capacity would exceed the maximum allowable limits for corrosives stored outside as set forth in Chapter 60 of NFPA 1.  The Board further finds that the Applicant has proposed converting the pH control system at this facility from solid lime to a liquid sodium hydroxide system.  The Board further finds that the Applicant is proposing that the sodium hydroxide be stored in a 6,000 gallon above ground storage tank located in an outside storage area on the property.  The Board further finds that the tank will be constructed of single wall steel with a secondary containment via a concrete enclosure.  The Board further finds that Chapter 60 of NFPA 1 restricts the size of such tanks to 500 gallons.  However, the Applicant projects consumption of the sodium hydroxide at 188 gallons per day and the Applicant has advised that it needs to store a thirty-day supply of the chemicals on site in case of emergency conditions.
	Finally, the Board notes that the Portsmouth Fire Marshal's office has determined that the Newport Water Department has met the engineering requirements for spill protection in accordance with NFPA 1 Chapter 60 and that the requested installation would greatly reduce the live-load on the second floor of the main building.  In light of the above, it is the understanding of the Board that the Portsmouth Fire Marshal's office has no objection to the requested relief.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of NFPA 1 Chapter 60 in order to allow the Applicant to store liquid sodium hydroxide in a 6,000 gallon above ground storage tank located in an outside storage area approximately four to five feet from the buildings of this facility.  As a condition of this variance, the Board directs the applicant to maintain the cited single walled steel tank along with the secondary containment via the concrete enclosure, 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 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)].