The above-captioned case was scheduled for hearing on May 16, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Burlingame, Pearson, Newbrook and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Lynch of the Portsmouth Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Pearson 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 14, 2004 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 May 16, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the December 14, 2004 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-3.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2 and 3 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain the cited interior finish for the storage area that is currently used as an exit from apartment 3.  In granting this variance, it is the understanding of the Board that the Applicant shall provide an approved outside stairway.  Accordingly, as a condition of this variance, the Applicant shall provide this facility with an approved outside stairway, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office, within 120 days of the date of this decision.  In the event the Applicant needs additional time, the Portsmouth Fire Marshal's office is hereby authorized to grant up to a ninety (90) day extension for good faith shown.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 to the satisfaction of the Portsmouth Fire Marshal's office.
	6.  The Board hereby grants a variance from the provisions of section 31.3.3.2 in order to allow the Applicant to maintain the existing cited thick barn board with cypress trusses in the riding arena area of this facility.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7.
	8.  The Board hereby grants a variance in order to allow the Applicant to maintain the single means of egress from apartment 4 provided that this means of egress is protected with an approved system of domestically supplied sprinkler heads, properly engineered to the satisfaction of the Portsmouth Fire Marshal's office.  As a condition of the above variance, the above engineered system of sprinkler heads shall be installed within 120 days of the date of this decision.  Again, for good faith efforts shown, the Portsmouth Fire Marshal's office is hereby authorized to extend the above time variance for an additional ninety (90) days.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	10.  The Board hereby grants a variance from the provisions of section 31.2.4.2 in order to allow the Applicant to maintain the means of egress from apartment 3 going through a storage area.  In granting this relief, the Board notes that the Applicant shall provide an independent exterior stairwell for this apartment. 
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11.
	12.  The Board hereby grants a variance in order to allow the Applicant to provide the cited storage area at the north end of the building with an approved flame spread rating, installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office within 120 days of the date of this decision with the Portsmouth Fire Marshal's office being allowed to extend that period of time by an additional ninety (90) days for good faith efforts shown.
	13.  The Board hereby grants a variance from the provisions of section 31.3.2.1 in order to allow the Applicant to provide the furnace rooms with approved domestically supplied, properly engineered sprinkler heads, installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office, within 120 days of the date of this decision.  Again, the Portsmouth Fire Marshal's office may, for good faith shown, extend this time line by another ninety (90) days.  
	14-17.  It is the understanding of the Board that the Applicant has corrected deficiencies 14, 15 and 17.  It is the further understanding of the Board that deficiency 16 is moot and only informational in nature.
	18.  The Board hereby grants a variance from the provisions of section 7.2.1.4.2 in order to allow the Applicant to maintain the existing cited swing of the inner doors.  In granting this variance, it is the understanding of the Board that two (2) new exits were installed that, in fact, comply with the code and that these doors will remain open during all hours of public occupancy.  Specifically, these doors shall be locked in the open position during the above periods of public occupancy.  
	19.  The Board hereby grants a variance from the provisions of section 42.2.2.3.1 in order to allow the Applicant to maintain the cited step-up on the egress door located at the east side of the arena.
	20.  It is the understanding of the Board that the Applicant has corrected deficiency 20 to the satisfaction of the Portsmouth Fire Marshal's office.
	21.  The Board hereby grants a variance in order to allow the cited permanently mounted ladder to remain as an emergency means of egress from the unoccupied hay loft of this facility.
	22.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 22 by upgrading the fire alarm system of this facility, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  The Board hereby authorizes the Portsmouth Fire Marshal's office to extend the above deadline by an additional ninety (90) days if it is determined by the Portsmouth Fire Marshal's office that the Applicant has operated in good faith in attempting to comply with this provision.

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)].