The above-captioned case was scheduled for hearing on October 30, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Filippi, Preiss, Blackburn, Jasparro, Jackson, Walker and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Jeffrey Lynch and Phillip Simmons of the Portsmouth Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Walker 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 May 11, 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 October 30, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the May 11, 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. 
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with approved emergency lighting.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by properly separating the furnaces of this facility with approved enclosures at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  The Board further directs the Applicant to segregate the remaining combustible storage in approved metal filing cabinets at the direction and to the satisfaction of the Portsmouth Fire Marshal and to address and segregate the remaining non-combustible storage at the direction and to the satisfaction of the Portsmouth Fire Marshal.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct this deficiency as outlined above.
	3.  During the October 30, 2007 hearing on this matter, the Board was advised that the applicant sought variance from stairwell enclosure in the basement of this facility.  It is the understanding of the Board that the Applicant has provided an approved twenty-minute door at the top of the basement stairs and that the Applicant only allows limited access to the basement.  Finally, it is the understanding of the Board that the basement has a rear bulkhead as an emergency exit.  In light of the above, the Board hereby grants a variance from the enclosure requirements of the basement stairwell.  In granting this variance, it is the understanding of the Board that the Portsmouth Fire Marshal's office has no objection in light of the above conditions.
	4.  The Board hereby grants a variance from the provisions of section 39.3.1.1 and its referenced standards in order to allow the Applicant to maintain the existing construction rating of the center stairwell that leads to the second and third floors of this facility.  In granting this variance, the Board directs the Applicant to provide the center stairwell doorjambs with approved solid core or steel doors having and approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with closers in order to create limited separation of the center stairwell from the rooms it serves.  The Applicant is hereby granted a time variance of 120 days from the date of this decision in order to make the above corrections at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	5.  The Board hereby grants a variance from the provisions of section 39.2.4 in order to allow the Applicant to provide an emergency means of egress from the third floor of this facility consisting of a fire escape platform with escape stairs if possible or a ladder if necessary, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office within 120 days of the date of this decision.
	6.  During the October 30, 2007 hearing on this matter, the Fire Marshal advised the Board that he would support reduced fire alarm coverage in this facility to allow a local fire alarm system in light of the safeguards the Applicant has provided the facility along with limited occupancy.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to provide this facility with an approved local fire alarm system installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office within 120 days of the date of this decision.
	7.  It is the understanding of the Board that deficiency 7 is not a violation of the code but a recommendation only.  Accordingly this is not binding upon the Applicant.

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)].