The above-captioned case was 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 Walker 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 March 20, 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 November 24, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the March 20, 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 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit a plan of action and an additional 120 days in which to implement the plan of action for the correction of deficiency 1 by providing this facility with an approved local fire alarm system in conjunction with domestic sprinkler coverage of the basement, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  The Portsmouth Fire Marshal's office is further granted the authority to extend either or both of the above deadlines for good faith efforts being shown by the Applicant.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with emergency lights and exit signage, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office, within the timetables established in item 1 above.
	3.  The Board hereby grants a variance from the provisions of section 39.3.1.1 and its referenced standards in order to allow the Applicant to maintain the existing rating of the cited stairs to the second floor of this facility.  
	4.  The Board hereby grants a variance from the provisions of section 39.3.1.1 in order to allow the Applicant to maintain the existing non-rated basement stairs in conjunction with the domestic sprinkler coverage and alarm system to be installed in this facility.
	5.  The Board hereby grants a variance from the provisions of section 39.3.2.1 and its referenced standards in order to allow the Applicant to provide the basement area of this facility with approved domestic sprinkler coverage as outlined above.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by removing the cited extension cords.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing the cited paneling with an approved flame spread rating or documenting the same, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office, within the time frame established in item 1 above.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8.
	9.  The Board hereby grants a variance from the provisions of section 7.4.1 and its referenced standards in order to allow the Applicant to maintain a single means of egress from the basement of this facility in conjunction with the sprinkler coverage and fire alarm system outlined in item 1 above.

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)].