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 an October 15, 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 October 15, 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 implement a plan of action for the installation of a fire alarm system within this facility and to further check the separation between the cited occupancies of this facility to determine whether the system should be extended to the apartment units.  The Board further grants the Applicant an additional 120 days in which to implement the above plan if necessary, at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.  The Board hereby grants the Portsmouth Fire Marshals Office the authority to extend the above deadlines for good faith efforts being shown by the Applicant.
	2.  The Board hereby grants the Applicant the time variance as outlined in item 1 above in which to correct deficiency 2 by providing interconnected smoke detectors and carbon monoxide detectors within the living units of this facility at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.
	3.  The Board hereby grants a variance from the provisions of section 7.4.1.1 in order to allow the Applicant to maintain the existing single means of egress from the basement office area of this facility on the basis of structural hardship, conditioned upon additional detection being provided in this area by the Applicant, at the direction and to the satisfaction of the Portsmouth Fire Marshals Office within the timetables outlined in item 1 above.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to provide this facility with approved exit signage.
	5.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to provide this facility with approved emergency lighting.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by properly treating the cited panel with an approved intumescent paint or similar product at the direction and to the satisfaction of the Portsmouth Fire Marshals Office within the timetables outlined in item 1 above.
	7.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 7 by providing the exits of this facility with proper illumination.
	8.  The Board hereby grants a variance from the provisions of section 7.4.1.1 in order to allow the Applicant to maintain a single means of egress from the second floor apartments of this facility in conjunction with the fire alarm system outlined in item 1 above.
	9.  The Board hereby grants a variance from the provisions of sections 7.2.2.5.1, 7.2.2.5.1.1, 7.2.2.5.1.2 and 7.2.2.5.1.3 in order to allow the Applicant to maintain the existing open egress stair servicing the second floor apartments of this facility provided there is approved separation and a fire alarm system as outlined in item 1 above, at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.
	10.  The Board hereby grants a variance in order to allow the Applicant to protect the boiler room of this facility with an approved domestic sprinkler head located over the boiler installed at the direction and to the satisfaction of the Portsmouth Fire Marshals Office, within the timetable outlined in item 1 above.
	11.  The Board hereby grants a variance from the provisions of NFPA 1 section 11.5.1.1 and its referenced standards in order to allow the Applicant to maintain the existing heating oil tank at its current location.  This variance is based upon structural hardship.
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)).