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 Commissioner Newbrook and seconded by Commissioner Richard 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 10, 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 May 16, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the April 10, 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 
	1-4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	5.  During the May 16, 2006 hearing on this matter, the Board was advised that the Applicant would voluntarily eliminate occupancy on the third floor of this facility.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain only one means of egress from the unoccupied third floor of this facility.
	6.  During the May 16, 2006 hearing on this matter, the Board was also advised that the Applicant did not normally occupy the basement of this facility.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain a single means of egress from the normally unoccupied basement.  This variance is based on the structural hardship of installing a second means of egress from the basement of this facility due to construction.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing a fire wall at the top of the basement stairs leading into the kitchen.  This shall be installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office within 120 days of the date of this decision.
	8.  During the May 16, 2006 hearing on this matter, the Board was advised that the cited stairwells were service stairs and not the main stairs of this building.  The Board was further advised that the Applicant would correct deficiency 8 by providing the service stairs with the proper enclosure at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  Accordingly, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to correct this deficiency.
	9.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 9 by enclosing the cited stairwell at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	10.  In light of the Applicants agreement to abandon the third floor of this facility and not to occupy this space in the future, the Board hereby grants a variance in order to allow the Applicant to maintain the existing configuration of the stairwell to the third floor.  In granting this variance, the Board directs the Applicant to lock off the third floor access points at the direction and to the satisfaction of the Portsmouth Fire Marshal's office within 120 days of the date of this decision.
	11-15.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 11, 12, 13, 14 and 15 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 by providing the cited doors with approved panic hardware.
	17.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the cited doors leading from the main entrance with approved panic hardware at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	18.  The Board hereby grants the Applicant a variance to maintain the existing locking devices of the cited left side door from the main lobby.  However, as a condition of this variance, the Board directs the Applicant to maintain this door unlocked during all periods of occupancy.
	19-20.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 19 and 20 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	21.  It is the understanding of the Board that the Applicant has corrected deficiency 21 by properly cleaning the cited ventilation ductwork and hoods.
	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 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	23.  It is the understanding of the Board that the Applicant has corrected deficiency 23 by removing the cited storage to the satisfaction of the Portsmouth Fire Marshal's office.
	24-25.  The Board grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 24 and 25 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	26.  During the May 16, 2006 hearing on this matter, it was the understanding of the Board that the Applicant would abandon the library space on the second floor and would utilize this portion of the building as office space, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  Accordingly, in light of the above plan of action, the Board grants a variance to allow the cited exits to maintain their current remoteness. 
	27.  It is the understanding of the Board that the Applicant has corrected deficiency  27.
	28.  The Board hereby grants the applicant a time variance of 120 days from the date of this decision in order to correct deficiency 28 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	29.  In light of the Applicants agreement to structurally modify this facility in order to reduce the occupancy below 301 persons, the Board finds deficiency 29 to be moot.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to make the appropriate structural modifications to so reduce the occupancy of this facility.
	30.  In light of the Applicants agreement to abandon the third floor of this facility, there is no need for a carbon monoxide detector outside of the bedroom.  However, the Board directs the Applicant to extend the alarm system throughout the building, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	31-32.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 31 and 32 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	33.  The Board hereby grants a variance from the provisions of section 7.1.5 and its referenced standards in order to allow the Applicant to maintain the existing headroom in the not normally occupied basement of this facility.  In granting this variance, the Board notes that there shall be no public occupancy in the basement and the occupancy shall be limited to those people who are familiar with the basement.  The Board further notes that the Applicant has agreed to abandon the laundry room within the basement of this facility as a condition of this relief.
	34.  The Board notes that in many instances it has provided the Applicant with a time variance of 120 days from the date of this decision.  The Board has further determined that, for good cause shown, the Portsmouth Fire Marshal's office is hereby authorized to extend any of the above deadlines by ninety (90) days.

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)].