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 Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that the Garden Building is three (3) stories in height.  The Board further finds that the rear of the building opens directly to the outside on the lower level, and the front of the building opens directly to the outside on the second level.  The Board further finds that these exits are contained in a center section of the building and on the second level.  The Board further finds that there are no separations isolating the exits from the remainder of the building.  The Board further finds that the building is of mixed construction with some wood frame and some masonry.  The Board further finds that the upper level floor and the roof are of wood joist frame construction and that the lower level floor is poured concrete.  The Board further finds that some interior walls (mainly the walls surrounding the corridors) are of masonry construction.  The Board further finds that the walls between the dwelling units are wood joist with gypsum board surfaces.  The Board further finds that none of the walls extend into the attic so that the attic is open.  The Board finally finds that this building has approximately thirty-five (35) living units.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of 120 days in which to design and submit documents for the construction of fire barriers to isolate exits from the remainder of this building, to the satisfaction of the Portsmouth Fire Marshal's office.  The Board hereby grants the Applicant an additional six (6) months from the above date to execute those plans and construct the above fire barriers. 
	2.  The Board hereby grants the Applicant a time variance of three (3) months to design the fire alarm upgrades for this facility.  The Board further grants the Applicant an additional six months (total nine months) to install the fire alarm upgrades within 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 Applicant to maintain the boiler room and laundry rooms opening onto the egress path in accordance with the following conditions.  As a condition of this relief, the Board directs the Applicant to provide domestically supplied sprinkler heads in each of these rooms at the direction and to the satisfaction of the Portsmouth Fire Marshal.  The Board further directs the Applicant to reverse the swing of the doors so that they open into the room rather than into the center core of the building.  The Board further directs the Applicant to provide the laundry room opening with an approved fire rated door at the direction and to the satisfaction of the Portsmouth Fire Marshal.  Finally, the Board directs the Applicant to provide both doors with automatic closers installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  The Applicant shall have a period of ninety (90) days, from the date of this decision, to complete the above plan of action, 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)].