The above-captioned case was scheduled for hearing on June 23, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Pearson, Richard, Jasparro, Preiss, Walker, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Jeffrey Lynch and Phillip Simmons of the Portsmouth Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Vice Chairman Newbrook and Commissioner Jackson 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 an initial March 16, 2006 inspection report along with those of a June 22, 2009 follow-up inspection report compiled by the Portsmouth Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the Portsmouth Fire Marshals Office during the June 23, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates both the initial March 16, 2006 inspection report along with the June 22, 2009 follow-up 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 as it relates to the locking system of the main exit doors of this facility.
	2.  The Board hereby grants a variance from the provisions of sections 37.3.2.1.1 and 8.7.1.1 in order to allow the Applicant to maintain the existing construction and rating of the basement within this facility.  In granting this relief on the basis of structural hardship, it is the understanding of the Board that the Portsmouth Fire Marshal's office has no objection.
	3.  The Board notes that deficiency 3 is not a requirement under the code.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by covering all interior surfaces of a non-compliant finish with approved sheet rock at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	5.  During the June 23, 2009 hearing on this matter, the Board was advised that a rated door has been installed to separate the conveyor belt/loading area from the main store of this facility and that the owner is seeking relief to maintain the vertical opening and conveyor belt.  The Board hereby grants a variance in order to allow the Applicant to maintain the cited vertical opening and conveyor belt with the above protection.  In granting this relief, it is the understanding of the Board that the Portsmouth Fire Marshal's office has no objection.
	6.  The Board hereby grants a variance from the provisions of section 37.2.4.1 and its referenced standards in order to allow the Applicant to maintain the single means of egress from the basement of this facility on the basis of structural hardship.  In granting this relief, it is the understanding of the Board that there is no public occupancy of the basement and that it is utilized only for an hour or two per week by a single employee.  It is the further understanding of the Board that there are no mechanical or heating systems in the basement and that the Portsmouth Fire Marshal's office has no objection.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing this facility with approved emergency lighting and exit signage 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)].