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 Vice Chairman Newbrook and seconded by Commissioner Richard 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 30, 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 30, 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.  During the October 7, 2008 hearing, the Board was advised that the Applicant has corrected the referenced ceiling portion of item 1 by replacing the existing ceiling with a compliant ceiling.  The Board hereby directs the Applicant to correct the remainder of deficiency 1 by providing an approved clear finish on the cited paneling if deemed necessary by the Portsmouth Fire Marshal's office within the timetable developed for the plan of action for this facility.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 with regard to the exit and emergency lights within this facility.
	3.  The Board hereby grants a variance in order to allow the Applicant to work with the Portsmouth Fire Marshal's office to develop a plan of action approved by that office which would provide for the separation of either the conveyor belt or the separation of this corner of the building on the first floor level.  The above plan of action shall be pursuant to the timetable allowed below.
	4.  The Board hereby grants a variance in order to allow the Applicant to develop and implement a plan of action providing a second means of egress from the basement of this facility.  The above plan of action shall be pursuant to the timelines outlined below.  The Board notes that the basement is not a publicly occupied space.
	5.  The Board hereby grants a variance in order to allow the Applicant not to maintain full fire separation of the basement and rear storage areas from the first floor, provided that the Applicant applies an incandescent product, approved by the Portsmouth Fire Marshal's office, between the areas to be separated, at the direction and to the satisfaction of that office, within the timetables outlined below for a plan of action.  It is the understanding of the Board that the Portsmouth Fire Marshal's office has no objection to this relief based upon the Applicants fire alarm upgrade.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	7.  The Board hereby grants a variance from the provisions of section 7.1.5.1 and its referenced standards, in order to allow the Applicant to maintain the existing headroom in the basement of this facility, on the basis of structural hardship.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8.
	9.  The Board hereby grants a variance in order to allow the Applicant to either upgrade the fire alarm system to a master box system in the Rite Aide portion of this facility or possibly connect the existing fire alarm system to the daycare master box or upgrade the fire alarm box, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.  Specifically, if the Portsmouth Fire Marshal's office is satisfied with the level of municipal connection developed and worked out by the parties as part of their plan of action, the Board shall be satisfied.
	10.  It is the understanding of the Board that deficiency 10 is a recommendation and not required by the code.
	11.  The Board hereby grants the Applicant an overall time variance in order to develop his plan of action as outlined in the above items.  The Applicant shall have thirty (30) days to design and submit his plan of action to the Portsmouth Fire Marshal's office.  The Applicant shall thereupon have an additional 120 days to complete the plan of action by making the corrections outlined above.  The Portsmouth Fire Marshal's office is hereby vested with the authority to extend any of the above timelines in light of good faith efforts being made by 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)].