The above-captioned case was scheduled for hearing before a subcommittee of the Board on October 21, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Jeffrey Lynch and Joseph Bento of the Portsmouth Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Filippi to recommend the relief outlined herein to the full Board.  The motion was unanimous.

The above recommendations were thereupon presented to the full Board on October 26, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Richard, Jasparro, Dias and Walker were present.  A motion to approve the subcommittee recommendations was made by Commissioner Richard and seconded by Commissioner Jasparro.  The motion was unanimous.  Accordingly, the subcommittee determination now has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 29, 2010 inspection report compiled by the Portsmouth Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Portsmouth Fire Marshals Office during the October 21, 2010 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the September 29, 2010 inspection report as its initial findings of fact.  Any modification of the Boards 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 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 and submit a plan of action for the correction of deficiency 1 and an additional 120 days to implement that plan by providing approved detection in the attic area with the mechanical systems and also providing an approved lock on the circuit breaker for the fire alarm system of this facility along with approved labeling, at the direction and to the satisfaction of the Portsmouth Fire Marshal's Office.
	2-3.  The Board hereby grants the Applicant a time variance of thirty (30) days in which to develop a plan of action for the correction of either deficiencies 2 or 3 and an additional 120 days in which to implement the above plan.  Specifically, if the Applicant provides the suitable separation outlined in item 2 above, then the Applicant would not be required to address deficiency 3 as the residential units would be properly separated.  However, if the Applicant does not provide the separation outlined in item 2, then the Applicant would be required to correct deficiency 3 at the direction and to the satisfaction of the Portsmouth Fire Marshals Office within the above timeframes. 

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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).