The above-captioned case was originally scheduled for hearing on April 1, 2008 at 1:00 P.M.  At that time, it was determined that a subcommittee of the Board should conduct an on-site review of this facility and report its findings back to the full Board.  Accordingly, the subcommittee of the Board met on June 17, 2008 at 10:00 A.M. on site and reviewed the deficiencies listed in the May 7, 2008 inspection report compiled by the Portsmouth Fire Marshal's office.  The subcommittee members, the Fire Marshal and the Applicant thereupon created a plan of action for this facility.  The plan of action, as outlined below, was thereupon submitted to the full Board for review and approval during the hearing on June 17, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Jasparro, Jackson, Preiss, Richard and Walker were present.  Commissioner Blackburn abstained from voting in this case.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Richard approve the subcommittee recommendations as outlined below.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 7, 2008 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 June 17, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the May 7, 2008 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance to correct deficiency 1 by providing this facility with any additional exit signage and emergency lighting deemed necessary by the Portsmouth Fire Marshal's office, and installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to provide separation of the emergency generator from the rest of this structure, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has removed the trash storage from the electrical room of this facility.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct the remainder of deficiency 3 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 4 and the cited electrical violations.
	5.  The Board hereby grants the Applicant a time variance until January 1, 2009 in order to upgrade the master fire alarm system within this facility at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  The Board hereby grants the Portsmouth Fire Marshal and Fire Chief the authority to extend the above deadline in light of good faith efforts being made by the Applicant.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 and that the cited flammable and combustible liquids are currently properly stored in the cited areas.
	7.  The Board hereby grants the Applicant a time variance of eighteen (18) months from the date of this decision in order to correct deficiency 7 by properly sealing the cited penetrations at the direction and to the satisfaction of the Portsmouth Fire Marshal's office and by further providing this facility with limited sprinkler coverage in accordance with item 15 of the fifteen-point plan for existing apartment occupancies.  In granting this relief, the Board notes that this facility is not classified as a high-rise apartment building.
	8.  The Board hereby grants the Applicant a time variance of eighteen (18) months from the date of this decision in order to correct deficiency 8 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	9.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing structural separation between the apartments and the egress hallways of this facility in conjunction with the sprinkler coverage outlined in item 7 above.  Accordingly, the Board grants the Applicant a time variance of eighteen (18) months from the date of this decision in order to correct deficiency 9 as outlined herein.
	10.  It is the understanding of the Board that the Applicant has conducted flow tests and secured documentation covering the fire hydrants within this complex.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct the remaining deficiencies outlined in item 10.
	11.  The Board hereby grants a variance from the provisions of section 7.5.1.3.3 in order to allow the Applicant to maintain the existing remoteness of the egress staircases within this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the staircase remoteness is approximately four to five feet short of total compliance.
	12.  The Board hereby grants a variance from the provisions of section 31.2.1.2 and its referenced standards, in order to allow the Applicant to maintain the existing windows in the cited efficiency apartments on each floor, in conjunction with the sprinkler coverage outlined in item 7 above.  
	13.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the cited doors with approved panic hardware installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	14.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 14 by providing this facility with smoke detectors in the apartments and by further providing CO detection in the basement area 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)].
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