The above-captioned cases were scheduled for hearing on February 28, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Burlingame, Sylvester, Jackson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals Jeffrey Lynch and Michael Cranson of the Portsmouth Fire Marshals Office.  A motion was made by Vice Chairperson Filippi and seconded by Commissioner Richard 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 September 28, 2007 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 February 28, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the September 28, 2007 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 
Building 4

	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with an approved fire alarm system.
	2.  The Board hereby grants a variance from the provisions of section 42.3.3.2 in order to allow the Applicant not to provide the cited interior wood with a flame retardant.  In granting this relief, it is the understanding of the Board that this facility has a very limited occupancy and is utilized primarily for the boarding of horses.  It is the further understanding of the Board that the flame spread materials utilized in treating the wood could be ingested by the horses and be harmful to their health.  In light of the above, it is the understanding of the Board that the Portsmouth Fire Marshals Office has no objection.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved emergency lighting.
	4.  The Board hereby grants a variance from the provisions of sections 42.2.2.2.1 and 7.2.1.4.1 and their referenced standards in order to allow the Applicant to maintain the existing sliding barn door as the means of egress for this facility.  In granting this variance, the Board directs the Applicant to provide signage for this facility, that the door is always to remain in the open position during any occupancy by humans in this facility.  In granting this relief, it is the understanding of the Board that there is a maximum occupancy of eight (8) people and that the Portsmouth Fire Marshals Office has no objection.  Finally, the Board directs the Applicant to comply with any additional safeguards regarding this door deemed necessary by the Portsmouth Fire Marshals Office.

Building 5
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with an approved fire alarm system.
	2.  The Board hereby grants the Applicant a variance from the provisions of section 42.3.3.2 for the reasons outlined above in reference to Building 4.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved emergency lighting.
	4.  The Board hereby grants a variance from the provisions of sections 42.2.2.2.1 and 7.2.1.4.1 and their referenced standards in order to allow this barn to utilize the sliding doors as means of egress.  In granting this relief for the reasons outlined in Building 4 above, it is the understanding of the Board that the Portsmouth Fire Marshals Office has no objection.  Finally, as outlined above, the Applicant shall provide any additional signage or any other safeguards deemed necessary by the Portsmouth Fire Marshals Office as a condition of this relief.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing this facility with approved exit signage.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with approved fire extinguishers.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by removing the cited temporary wiring.

Building 6
	1.  The Board hereby grants a variance from the provisions of section 42.3.3.2 in order to allow the Applicant to maintain the interior wood finish without a Class A rating for the reasons outlined above.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing this facility with approved emergency lighting.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved exit signage.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing this facility with approved fire extinguishers.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by removing the cited blue plastic tarpaulins hanging in the loft.

Building 7
	1.  The Board hereby grants a variance from the provisions of section 42.3.3.2 in order to allow the Applicant to maintain the cited interior wood without a Class A finish for the reasons outlined above.  In granting this relief, the Board notes that the Portsmouth Fire Marshals Office has no objection.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing this facility with approved emergency lighting.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved exit signage.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the apartment unit with a CO detector.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing this facility with approved fire extinguishers.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by removing the cited blue plastic tarpaulins hanging in the loft area.

Building 8
	1.  The Board hereby grants a variance from the provisions of section 42.3.3.2 in order to allow the Applicant to maintain the interior wood of this facility without an approved Class A finish for the reasons outlined above and in the absence of an objection by the Portsmouth Fire Marshals Office.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing this facility with approved emergency lights.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved exit signage.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the third floor apartment with an approved CO detector and/or horn strobe.
	5.  During the February 28, 2012 hearing on this matter, the Board was advised that the Applicant has completely emptied the storage area and was therefore requesting relief from providing separation between the storage area and the apartments.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the existing separation between the apartments and the empty storage area on the second and third floors of this facility.  The Board further directs the Applicant that prior to reutilizing this vacant area for storage, he shall be required to provide the required separation between the apartments and the storage area and to further maintain approved rated egress routes through the storage area from the apartments of this facility, at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.
	6.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing dimensions of the egress stairway leading from the apartments of this facility.  During the February 28, 2012 hearing on this matter, the Board was advised by the Portsmouth Fire Marshal that the Applicant now maintains two (2) means of egress through the empty storage area.  Accordingly, as outlined in item 5 above, if the Applicant wishes to re-utilize this storage area in the future, the Applicant shall provide two (2) approved means of egress through the storage area for use of the apartments.  Finally, the Board notes that the Applicant shall be allowed to maintain the existing access to the fire escapes of this facility and that the Portsmouth Fire Marshals Office has no objection to the above egress issues.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.

Building 9
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with an approved fire alarm system.
	2.  For the reasons outlined above, the Board hereby grants a variance from the provisions of section 42.3.3.2 in order to allow the Applicant not to provide a Class A finish on the wood interior of this facility.  In granting this relief, it is the understanding of the Board that the Portsmouth Fire Marshals Office has no objection.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved emergency lighting.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing this facility with approved exit signage.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by removing all of the cited temporary wiring within this facility.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.

Indoor Riding Arena
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with an approved fire alarm system.
	2.  For the reasons outlined above, the Board hereby grants the Applicant a variance from the provisions of section 42.3.3.2 in order to allow the Applicant to maintain the cited interior wood without a Class A finish. 
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved emergency lighting.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing this facility with approved exit signage.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing this facility with approved fire extinguishers.

Pump House
	The inspection report advises that there are no deficiencies noted for the Pump House.

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)].