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 Commissioners Jackson and Blackburn and seconded by Vice Chairman Newbrook 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 November 28, 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 7, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the November 28, 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.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 1 by providing the interior finish of this facility with an approved Class B or better finish or providing sheetrock over the cited interior areas.  The Board hereby grants the Portsmouth Fire Marshal's office the authority to extend the above deadline for good faith efforts being shown by the Applicant.
	2.  The Board hereby grants the Applicant a variance in order to maintain the existing rating of the furnace room and basement of this facility until the system is upgraded in the future.  Specifically, once the system is upgraded, the Board directs the Applicant to bring the furnace room and basement into compliance with the required sections of the code at that time.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing the conveyor belt in this facility with separation satisfactory to the Portsmouth Fire Marshal's office at the direction and to the satisfaction of that office within 120 days of the date of this decision.  Again, the Board notes that the Applicant may be granted an extension of this time line for good faith efforts being shown to the Portsmouth Fire Marshal's office.
	4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to correct deficiency 4 by providing the cited additional exit signage.
	5.  The Board hereby grants a variance from the provisions of section 7.5.1.3.2 in order to allow the Applicant to maintain the existing remoteness of the cited two (2) means of egress from the basement of this facility in light of the limited occupancy.
	6.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 6 by upgrading the wiring in the basement of this facility.
	7.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with approved emergency lighting installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	8.  During the October 7, 2008 hearing on this matter, the Applicant agreed to provide structural separation in this facility.  Accordingly, the Board directs the Applicant to provide separation in this facility at the direction and to the satisfaction of the Portsmouth Fire Marshal's office within 120 days of the date of this decision, unless extended by that office for good faith efforts being shown by the Applicant.
	9.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with an approved fire alarm system.  The Board notes that the Portsmouth Fire Marshal's office may extend this deadline for good faith efforts being shown by the Applicant.
	10.  As outlined in several of the deficiencies above, in any case where the Portsmouth Fire Marshal's office determines that the Applicant has made good faith efforts to comply with the allowed time, any of those timelines may be extended by 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)].