The above-captioned case was scheduled for hearing on February 17, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Blackburn, Richard, Jackson, Preiss, Dias and Jasparro 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 Blackburn to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.
FINDINGS OF FACT
	The Board finds this facility to be approximately 2,210 square feet in total area.  The Board further finds that this is a business/mercantile occupancy.  The Board further finds that the subject building consists of two (2) small connected one-story masonry buildings with no basement or attic.  The Board further finds that the building is occupied by four (4) daytime small businesses, each with a small rectangular room of approximately 600 square feet or less in size.  Finally, the Board finds that the Applicant has requested to be exempt from the fire alarm requirements of 13.8.10.4.1.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the February 17, 2009 hearing on this matter, the Board determined that the current fire code would exempt the subject facility from maintaining a fire alarm system.  Accordingly, the Board has found that this facility, which is less than 2,500 square feet in area, is not required currently to have a fire alarm system.  
	2.  During the hearing the Board was advised that the Applicant does not have an approved suppression system for the cooking equipment maintained by one of the businesses within this facility.  However, the Board further finds that the Portsmouth Fire Marshal's office has determined that there is no grease build-up within the hood and duct system over the cooking appliances and the Portsmouth Fire Marshal's office would further have no objection to an extended time variance for this particular owner, limited to this particular occupancy, for the installation of a suppression system.  Accordingly, in accordance with the Portsmouth Fire Marshal's above determinations, the Board hereby grants the Applicant a thirty-six (36) month time variance from the date of this decision, in order to provide the cooking equipment within this facility with an approved suppression system.  The Board further directs the Applicant to continue to clean out the hood and duct system at the direction and to the satisfaction of the Portsmouth Fire Marshal and to further provide this kitchen area with an approved K-type fire extinguisher.  Finally, the Board notes that the above relief is limited to this owner and this occupancy at the direction and to the satisfaction of 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)].