The above-captioned case was scheduled for hearing on October 7, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Jackson, Jasparro and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Phillip Simmons of the Portsmouth Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Vice Chairman Newbrook and Commissioner Jasparro 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 February 21, 2007 inspection report compiled by the Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Portsmouth Fire Marshals Office during the October 7, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the February 21, 2007 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.  The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office, in accordance with the timetable for the plan of action.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with approved exit signage and emergency lighting, installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office, in accordance with the timetable for the plan of action.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing the required surfaces of this facility with an approved flame-spread finish having a minimum of Class C protection, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office, in accordance with the timetable for the plan of action.
	4.  The Board hereby grants a variance from the provisions of section 8.7.1.1 and its referenced standards in order to allow the Applicant to provide approved domestic sprinkler heads over the cited furnaces within this facility, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office, in accordance with the timetable for the plan of action.
	5.  In light of the limited occupancy of this facility, the Board hereby grants a variance from the provisions of sections 8.3.4.1, 8.3.4.2 and 38.3.1.1 in order to allow the Applicant to maintain the existing cited vertical openings on the basis of structural hardship.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by providing the equivalent of a two-hour separation installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office between the business occupancy and the Wild Horse Feathers storage occupancy of this facility.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by removing the cited extension cords.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing approved separation between the silk screen room and the Aquidneck Stone second floor office space and to further provide the above areas with a Class C rating, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office in accordance with the timetable for the plan of action.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by providing certification of a Class C flame rating on the interior finish of the silk screen room, within a time period outlined for the plan of action for this facility, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing sheetrock on the cited walls and ceiling of the warehouse storage room which is currently faced with insulation.  Specifically, the Board directs that there be at least a Class C flame spread rating in these areas.  The above shall be corrected at the direction and to the satisfaction of the Portsmouth Fire Marshal's office within the timetable established for the plan of action.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by providing this facility with an approved fire alarm system.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 by providing this facility with approved exit signage and emergency lights throughout.
	14.  The Board hereby directs the Applicant to correct deficiency 14 by providing this facility with approved portable fire extinguishers, installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office, within the timetable established for the plan of action, or sooner.
	15.  Upon review of deficiency 15 and the configuration of the space, the Board hereby grants a variance in order to allow the Applicant to maintain the existing cited tanks which are part of the seasonal operation of this facility.
	16.  The Board hereby directs the Applicant to correct the interior finish cited in deficiency 16 by either providing a Class C treatment on the walls or providing the walls with approved sheetrock, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office, within the timetable established for the plan of action for this facility.
	17.  The Board hereby directs the Applicant to correct deficiency 17 by either providing a Class C finish over the open ceiling joists between the ground floor and the second floor or providing a layer of sheetrock over this area, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office, within the timetable established for the plan of action.
	18.  It is the understanding of the Board that the Applicant has corrected deficiency 18 by removing the cited extension cords.
	19.  It is the understanding of the Board that deficiency 19 is moot in that the Applicant has installed a new stair within this facility.
	20.  The Board hereby grants a variance in order to allow the cited ramp with an inside rail only, with railings at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  The Board directs the Applicant to correct this deficiency within the timetable established for the plan of action.
	21.  The Board hereby grants a variance in order to allow the Applicant to provide the furnace area with a domestic sprinkler head with tamper and flow installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office, within the timetable established for the plan of action for this facility.
	22.  The Board hereby grants a variance in order to allow the cited convenience openings in this storage-only occupancy.  The Board notes that any change in occupancy would eliminate this variance.
	23.  It is the understanding of the Board that the Applicant has corrected deficiency 23 by properly locating the dumpster of this facility.
	24.  The Board hereby directs the Applicant to correct deficiency 24 by providing an approved remote means of egress from this facility at the direction and to the satisfaction of the Portsmouth Fire Marshal, within the timetable established for the plan of action for this facility.
	25.  It is the understanding of the Board that the Applicant has corrected deficiency 25 at the direction and to the satisfaction of the Portsmouth Fire Marshal.
	26.  The Board hereby directs the Applicant to correct deficiency 26 by either providing this area with approved Class C finish or sheetrock at the direction and to the satisfaction of the Portsmouth Fire Marshal within a timetable established for the plan of action for this facility.
	27.  The Board hereby directs the Applicant to correct deficiency 27 by providing this facility with an approved fire alarm system, required by the code, within the time period established for the plan of action.
	28.  It is the understanding of the Board that the Applicant has corrected deficiency 28 at the direction and to the satisfaction of the Portsmouth Fire Marshal.
	29.  It is the understanding of the Board that the Applicant has corrected deficiency 29 by providing emergency lighting within this facility.
	30.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans to the Portsmouth Fire Marshal's office to effect the above plan of action.  The Board further grants the Applicant a period of 120 days from the above thirty-day period in which to completely execute his plan of action.  Finally, the Board hereby authorizes the Portsmouth Fire Marshal's office to extend any of the above deadlines for good faith efforts being shown by the Applicant in working with the Portsmouth Fire Marshal's office.

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)].