The above-captioned case was scheduled for hearing on November 8, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Pearson, Burlingame and Filippi 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 Preiss and seconded by Vice Chairman Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that the subject facility is a two-story, 28x12 building constructed of concrete block and mortar.  The facility is located behind a backstop of a baseball field.  The bottom floor will be used for storage and a non-cooking concession stand.  The second floor will be used for scoreboard operation and scorekeepers.  The building will have no more than seven (7) people at any one time and the Board further finds that the building will only be utilized during the games of the baseball season which runs from approximately mid-April to mid-June.
	The Board further finds that the Applicant is requesting a variance for relief from the fire alarm provisions of the code based on the limited occupancy of the building, the limited time of operation, and the issues involved in maintaining such a system during the off season.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance from the provisions of section 13.8.9.7.3.1 and its referenced standards in order to allow the Applicant not to provide this baseball scorekeepers booth with an approved fire alarm system.  As a condition of the variance, the Board directs that the stairways shall be located on the outside of the building and that the building shall be equipped with approved hard-wired, battery back-up smoke detectors during all hours of occupancy.  In light of the above safeguards, it is the understanding of the Board that the Portsmouth Fire Marshals office has no objection.

 
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)].