The above-captioned case was scheduled for hearing on May 2, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Pearson, Filippi, OConnell, Jackson and Jasparro were present.  Assistant Deputy State Fire Marshal Jeffrey Lynch of the Portsmouth Fire Marshals Office represented the fire service.  A motion was made by Commissioners Richard and Filippi and seconded by Commissioner OConnell 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 17, 2006 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 May 1, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the November 17, 2006 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, is 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 or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal).

CONCLUSIONS AND VARIANCE REQUESTS
1.	 The Board hereby grants a variance from the provisions of section 6.1.14.4.1 in order to allow the Applicant to maintain the existing construction, rating and non-separation of the center stairwell within this facility.  In granting this variance, the Board directs the Applicant to provide this facility with emergency means of egress created at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.  In granting this variance, it is the understanding of the Board that this is an owner occupied residence with a restaurant addition attached and that the facility has a full fire alarm system and a full suppression system installed at the direction and to the satisfaction of the Portsmouth Fire Marshal and therefore the Portsmouth Fire Marshal has no objection to the granting of this variance.
2.	The Board hereby grants a variance from the provisions of section 13.3.3.3 in order to allow the Applicant to maintain the existing finish on the oak floor boards attached to the ceiling of this facility.  Again, in light of the fire safety features within this facility, the Portsmouth Fire Marshals Office has no objection.
3.	As a condition of the variances granted herein, the Board directs the Applicant to correct deficiency 3 by providing this facility with an approved fire alarm system installed at the direction and to the satisfaction of the Portsmouth Fire Marshals Office or designee.  Specifically, the Applicant shall have thirty (30) days from the date of this decision to submit and secure approval for fire alarm plans covering this facility.  In addition, the Board grants the Applicant a period of 120 days from the final approval of the plans, to install the fire alarm system at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.  In addition, the second emergency means of egress shall be installed within this 120 day period.  Finally, the Board notes that there is only one bedroom in this facility and that if in the future this changes that additional devices covering the bedrooms must be provided at the direction and to the satisfaction of the Portsmouth Fire Marshals Office prior to the occupancy of these bedrooms.
4.	It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the required battery back up to the emergency lights and exit signage within this facility.
5.	It is the understanding of the Board that the Applicant has corrected deficiency 5 by replacing the egress door that has been removed and by providing panic hardware on both doors leading from the dining area to the north exit at the direction and to the satisfaction of the Portsmouth Fire Marshals 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)].