The above-captioned case was scheduled for hearing on July 28, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Richard, Preiss, Blackburn, Jasparro 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 Jackson and seconded by Commissioner Pearson 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 November 10, 2006 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 July 28, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the November 10, 2006 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.  During the July 28, 2009 hearing on this matter, the Board was advised that the Applicant currently maintains an approximate separation of one (1) hour between the mercantile and the storage occupancies of this facility.  The Board was further advised that the Portsmouth Fire Marshal's office had no objection in allowing the Applicant to maintain the current separation with some minor upgrades.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the existing fire separation between the cited occupancies with any additional sheetrocking deemed necessary by the Portsmouth Fire Marshal's office.  Accordingly, the Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to address any final modifications to the above assembly.  
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2.
	3.  The Board hereby grants a variance in order to allow the Applicant to provide the furnace of this facility with approved domestic sprinkler protection at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  During the hearing, the Board was advised that the furnace would probably need no more than two (2) heads maximum.  Accordingly, the Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to provide the above domestic sprinkler protection of the furnace at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 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)].