The above-captioned case was scheduled for hearing on May1, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Preiss, Pearson, Filippi, OConnell, Blackburn, Jackson and Jasparro 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 Pearson and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous. 
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FINDINGS OF FACT
The numbers of the Decision below correspond with those of a December 15, 2004 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 December 15, 2004 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.	It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.
5.	The notes the there is no deficiency number 5 listed in the December 15, 2004 inspection report.  
6.	During the May 1, 2007 hearing on this matter, the Board was advised that throughout the year the occupancy of this building is maintained at far below 300 people.  Specifically, while the joint occupancy of this facility, operating both the upper and lower level at the same time could exceed this number the building is never used with both assembly areas activated at the same time.  The Board was further advised that during feast days the facility is generally locked.  The Board hereby grants a variance from the provisions of section 13.3.5.1.1 in order to allow the Portsmouth Fire Marshals Office to work with the Applicant in limiting the potential usable space in this facility in order to bring the maximum occupancy below 300.  In granting this relief, the Applicant would not have to sprinkler this facility.  The Board further notes that this facility is currently protected by a full coverage full compliant fire alarm system.

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)].