The above-captioned case was scheduled for hearing on January 22, 2009 at 9:00 A.M.  At that time, a subcommittee of the Board consisting of Acting Chairman Newbrook and Commissioner Dias reviewed the testimony and documentation and voted to recommend the plan of action outlined below.  The subcommittee recommendations were reviewed by the full Board on January 27, 2009.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Pearson, Filippi and Dias were present.  The fire service was represented at the January 22, 2009 subcommittee hearing by Assistant Deputy State Fire Marshal Phillip Simmons of the Portsmouth Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Filippi to approve the subcommittee recommendations and to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the January 22, 2009 subcommittee hearing on this matter, the Board found that this is a five thousand plus square foot building that is open to the public.  The Board further found that this building maintains a mercantile occupancy and that the applicant was working with the Portsmouth Fire Marshal's office in the installation of a fire alarm system.  The Board further finds that this facility is in operation between April and November and that both the Applicant and the Portsmouth Fire Marshal's office were in agreement to allow the Portsmouth Fire Marshal's office to establish a timetable for the correction of this outstanding deficiency.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance by allowing the Portsmouth Fire Marshal's office to establish a timetable for the correction of the cited deficiency for the installation of a fire alarm system within this facility.  Accordingly, the Portsmouth Fire Marshal's office shall have the authority to establish the above timetable during which the Applicant shall install the fire alarm system within this five thousand square foot facility.

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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, One Regan Court, Cranston, RI  02920.