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 6, 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 6, 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 a variance from the provisions of sections 39.2.4.1, 7.4.1.1 and 7.4.1.3 through 7.4.1.6 and their referenced standards in order to allow the Applicant to maintain the single means of egress from the limited occupancy basement of this facility.  In granting this variance on the basis of structural hardship and limited use, it is the understanding of the Board that the basement only contains an ice machine, two (2) freezers and a soda fountain.  It is the further understanding of the Board that it is limited to two (2) employees and that the Portsmouth Fire Marshals Office has no objection in light of the limited use and conditioned upon the Applicant maintaining a plan of action to ensure the safety of any employee who utilizes this area.  Accordingly, the Board directs the Applicant to develop and implement a plan of action for the protection of any and all employees utilizing the limited occupancy basement of this facility.
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)).