The above-captioned case was scheduled for hearing on April 18, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson and Filippi 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 Filippi and seconded by Commissioner Blackburn 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 April 17, 2006 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 April 18, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the April 17, 2006 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.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 1 by rating the cited stairwells 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 July 1, 2006 deadline for sprinkler coverage in order to fully sprinkler this building, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  The Board notes that from July 1, 2006 until such time as this facility is fully sprinklered, the occupancy of this facility shall be reduced by twenty (20) percent. 
	3.  The Board hereby directs the Applicant to correct deficiency 3 by removing the cited carpeting at the direction and to the satisfaction of the Portsmouth Fire Marshal's office within thirty (30) days from the date of this decision.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by sprinklering this facility, within 120 days of the July 1, 2006 deadline, and by further providing an approved interior finish in those areas deemed necessary by the Portsmouth Fire Marshal's office.
	5.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to provide the second floor office and the basement utility and storage area with approved emergency lighting installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	6.  Pursuant to the Boards understanding that the second floor of this facility shall have no public occupancy and be limited to an ancillary office space, the Board hereby grants a variance from the provisions of section 7.1.5.3 in order to allow the Applicant to maintain the existing cited egress from the second floor.  This variance is based on the Boards current understanding.  In the event the Applicant plans to change the use of the second floor in the future, the Applicant is directed to submit plans for the sprinklering of that area and for the correction of the egress system or in the alternative to return to the Board prior to making those changes.
	7.  The Board hereby grants a variance from the provisions of section 7.2.4.1 and its referenced standards in order to allow the Applicant to maintain the existing means of egress from the basement of this facility.  In granting this variance, it is the understanding of the Board that there is no public occupancy in the basement and that the basement area is limited to storage and mechanical use with sprinkler coverage.

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)].