The above-captioned case was scheduled for hearing on June 2, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Walker, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Philip Simmons of the Portsmouth Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a December 6, 2005 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 2, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the December 6, 2005 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 
	1-11.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	12.  During the June 2, 2009 hearing on this matter, the Board was advised that the basement level of this facility is serviced by a set of egress stairs that do not meet the dimensional requirements for stairs.  The Board was further advised that the utilities in this area are protected by a domestic sprinkler head and that the area is utilized only for storage or for the owners personal use and that there is no public occupancy.  The Board was further advised that the space involved is approximately 24 by 20 square feet.  In light of the above, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop a plan of action to protect the above stairs leading from the basement by either extending the domestic sprinkler coverage over the cited stairs or by providing separation.  The Board hereby grants the Applicant an additional 120 days in order to implement this plan of action.  Further, the Board grants the Portsmouth Fire Marshal's office the authority to extend the above deadlines for good faith efforts being shown by the Applicant.  Finally, the Board hereby grants a variance from the provisions of section 7.2.2.2.1 and its referenced standards in order to allow the Applicant to maintain the existing dimension of the cited basement stairs in light of the above safeguards being put in place by the Applicant.
	13.  The Board hereby grants a variance from the provisions of section 7.1.5.1 and its referenced standards in order to allow the Applicant to maintain the existing headroom of the basement of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Portsmouth Fire Marshal's office supports this relief in light of the limited non-public access to this area along with the structural issues involved.
	14.  The Board hereby grants a variance from the provisions of section 7.1.5.3.2 in order to allow the Applicant to maintain the existing second means of egress from the basement as an emergency means of egress, conditioned upon the Applicants compliance with the corrections outlined in item 1 above for the primary means of egress from the basement.
	15.  During the June 2, 2009 hearing on this matter, the Board was advised that the Portsmouth Fire Marshal's office had discovered an additional item to be addressed.  Specifically, there is a horizontal opening with an exterior window under the egress stairway in the area of the shoe store within this facility.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop a plan of action for addressing this deficiency by either sealing off the opening with rated glass or providing an alternative assembly of approximately forty-five (45) minute rating at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  The Board further grants the Applicant an additional 120 days in which to implement this plan of action at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  Finally, the Board grants the Portsmouth Fire Marshal's office the authority to extend the above timeline for good faith efforts being shown by the Applicant.

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)].