The above-captioned case was scheduled for hearing on April 10, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Newbrook, Blackburn, Preiss, O
Connell, Richard 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 Richard and seconded by Commissioner 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 March 22, 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 April 10, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the March 22, 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 a variance from the provisions of section 37.3.3.2.1 in order to allow the Applicant to maintain the existing interior of this facility in conjunction with the voluntarily installed master fire alarm system providing a municipal connection.  In light of the Applicants agreement to provide municipal connection to the fire system the Portsmouth Fire Marshals Office had no objection to this variance.  In granting this relief, the Board further notes that the ceiling is comprised of thick floor board and that the remaining walls are comprised of a Masonite type peg board.
2.	The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide an approved domestically supplied sprinkler system installed at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.
3.	The Board hereby grants a variance from the provisions of section 37.3.1 and its referenced standards in order to grant the Portsmouth Fire Marshal the authority to approve an egress plan of action for the fourth and fifth levels of this facility.
4.	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 emergency lighting.
5.	The Board grants the Applicant a time variance of 120 days from the date of this decision in order to provide the exit signage with approved battery backup.
6.	The Board hereby grants the Applicant a time variance of 120 days from the date of this decision to replace the cited landing and stairs leading from the door on the south side of the west end of the second floor 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 an approved municipally connected fire alarm system installed at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.  The Board notes that the above municipal connection of the required fire alarm system has been voluntarily undertaken by the Applicant in return for the above variance on interior finish.
8.	The Board hereby grants a variance in order to allow the applicant to maintain the existing vertical openings within this facility on the basis of structural hardship.  The Board further authorizes the Portsmouth Fire Marshal and Fire Chief the authority to extend the above deadlines for 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)].