The above-captioned case was scheduled for hearing on April 1, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jackson, Preiss, Jasparro and Filippi were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Phillip Simmons of the Portsmouth Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Richard and Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that the subject Terrace Building is a two-story structure with a wood frame joisted first floor and roof and a concrete lower story floor.  The Board further finds that the lower story is open to the rear, but not to the front of the building.  The Board further finds that each dwelling unit is divided by a masonry wall that extends from the lower level to the roof of the occupied spaces, but not into the common space that forms an attic.  The Board further finds that there are twenty-three (23) living units in the building, seventeen (17) of which are on the upper level, and six (6) on the lower level.  The Board further finds that there is a large unoccupied space on the lower level along the front of the building.  The Board further finds that the building is set in the site so that all of the apartment units have access to the outdoors directly without passing into an exit corridor.  The Board further finds that most units have two (2) separate exits directly to the outside of the building.  The Board further finds that the Applicant has presented it with a plan of action addressing the deficiencies found in the subject Terrace Building.  The Board notes that the plan of action for the Terrace Building is found on page 4 of a January 17, 2006 report that was submitted to it by the Applicant.  Finally, the Board finds that the Applicant has been working closely with the Portsmouth Fire Marshal's office in order to bring the subject facility into compliance.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a variance from the installation of sprinklers in the unoccupied lower level of this facility in accordance with the following plan of action.  As a condition of this variance, the Board directs that each of the vertical masonry walls that separate every unit from the basement floor to the underside of the ceiling in the occupied space above shall be provided with 1 hour rated automatic closing fire doors at all of the openings in all of the concrete walls.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to install the above doors.  As a further condition of this relief, the Board directs that all of the holes in the dividing walls be suitably closed with materials equivalent to the construction of the walls within ninety (90) days of the date of this decision.  The Board further directs that the Applicant provide domestic sprinkler heads in the boiler room and laundry rooms of this facility, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office, within ninety (90) days of the date of this decision.  Finally, the Board directs that all combustibles and storage be removed from the unoccupied space and that the space be made inaccessible to tenants and kept clear of all combustibles within ninety (90) days of the date of this decision.
	2.  The Board hereby grants the Applicant a time variance in order to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office as follows.  The Board hereby directs the Applicant three (3) months in order to design and submit plans for the proposed fire alarm system.  The Board shall then provide the Applicant with an additional six (6) months (nine months in total) to install an approved fire alarm system throughout this facility at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  
	3.  The Board hereby grants a variance in order to allow the existing boiler and laundry rooms of this facility to open onto the egress path in accordance with the following conditions.  As a condition of this variance, the Board directs the Applicant to provide approved domestically supplied sprinkler heads in each room, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  The Board further directs the Applicant to re-swing the doors so that they open into the room rather into the center core of this building.  The Board further directs the Applicant to provide a fire rated door on the opening into the laundry room.  Finally, the Board directs the Applicant to install approved self-closers on both doors and to complete this plan of action for the laundry and boiler rooms within ninety (90) days of the date of this decision.

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)].