The above-captioned case was originally scheduled for hearing on October 7, 2008 and a written decision in that case was issued by the Board on February 16, 2009.  The Applicant returned to the Board and was most recently scheduled for hearing on November 24, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Walker, Blackburn, Richard, Preiss, Dias and Pearson 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 Blackburn and seconded by Vice Chairman Newbrook 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 050397 as its initial findings of fact in this case.  Additionally, the Board finds that the Applicant has returned to the Board to seek more time in which to provide a second means of egress as outlined in item 4 of the original decision.  The Board further finds that the Applicant has submitted a plan to the Portsmouth Fire Marshal's office for the second means of egress and that the Portsmouth Fire Marshal's office has approved this plan.  However, the Board further finds that the Applicant will need additional time in order to implement this plan.  It is the understanding of the Board that all other deficiencies in this facility have been corrected by the Applicant.

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 this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop a plan for the correction of deficiency 4 in file number 050937.  The Board further grants the Applicant an additional time variance of 120 days from the above deadline in which to implement the plan of action at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  Specifically, the Applicant shall provide an approved second means of egress from this facility to the satisfaction of the Portsmouth Fire Marshal within the above time lines.  Finally, the Board notes that the Portsmouth Fire Marshal's office shall have the authority to extend the above either or both of the above timelines for good faith efforts being shown by the Applicant.

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)].