The above-captioned case was scheduled for hearing on February 28, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame, Filippi, OConnell and Pearson 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 Commissioner Newbrook and seconded by Commissioner Filippi 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 15, 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 February 28, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the December 15, 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 Authority Having Jurisdiction (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 a variance from the provisions of section 13.2.2.1.2 and its referenced standards in order to allow the Applicant to maintain the existing attic storage area and heating units within this facility.  In granting this variance, the Board notes that there is limited occupancy in this area and that it is accessed by a pull-down ladder.
	2.  The Board hereby grants a variance from the provisions of section 13.3.2.1.2 in order to allow the Applicant to maintain the existing storage within the basement of this facility and to allow that storage to be separated with a metal door at the top of the basement stairs.  
	3.  The Board hereby directs the Applicant to correct deficiency 3 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office and hereby grants a variance in order to allow the stair dimension to be reduced by the enclosure of the exposed gas lines.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain one (1) means of egress from the basement of this facility.  In granting this variance, it is the understanding and direction of the Board that the basement shall be utilized for storage and mechanical purposes only and that the actual usable area of the basement is limited to approximately five hundred (500) square feet.
	5.  The Board hereby grants a variance in order to allow the Applicant to maintain a single emergency means of egress from the attic through pull-down stairs.  In granting this variance, it is the understanding of the Board that the attic is not normally an occupied space, and only has heating units located in this area.  This variance is based on the above limited use.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing the cited heat detector in the basement.
	7.  The Board hereby grants a dimensional variance on the stairwell leading from the basement into the kitchen which the Applicant shall enclose as outlined in item 3 above.
	8.  The Board directs the Applicant to correct any remaining deficiencies in this facility within ninety (90) days of the date of this decision.
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)].