The above-captioned case was scheduled for hearing on January 31, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Burlingame, Filippi 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 Preiss 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 21, 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 January 31, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the April 21, 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.  The Board was further advised and finds during the January 31, 2006 hearing on this matter, that the hair salon has occupied the second level of this facility.  The Board was further advised and finds that the Applicant shall fully sprinkler this facility and provide a municipal fire alarm.  The Board was further advised and finds that the Applicant shall provide an exterior stairway from this facility serving as a second means of egress from the second floor.  The Board was further advised and finds that the third floor of this facility, approximately 157 square feet in area, shall be utilized as a staff break room and changing room.  Finally, the Board was advised that the facility only has three (3) employees at this time who would utilize the third floor.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  In light of the above, the Board hereby grants a variance from the provisions of section 38.2.4.1 and its referenced standards in order to allow the Applicant to maintain the current egress from the third floor break room of this facility.  In granting this relief, the Board notes that this facility shall be fully sprinklered and protected with a municipally connected fire alarm system and that the third floor shall not be open to public occupancy at any time.  

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)].