The above-captioned case was scheduled for hearing by a subcommittee of the Board on April 5, 2006 at 9:00 A.M.  At that time, Vice Chairman Coutu and Commissioners Blackburn, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Lynch of the Portsmouth Fire Marshals Office.  The subcommittee recommendations were reviewed by the full Board on April 18, 2006 and approved pursuant to a motion made by Commissioner Newbrook and seconded by Commissioner Pearson.  Accordingly, the subcommittee recommendations now have the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 4, 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 April 5, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the April 4, 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 this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the April 5, 2006 hearing on this matter, the Board was advised that the Applicant would correct deficiency 1 with the installation of a second stairway.  Accordingly, the Board hereby grants the Applicant a time variance of 120 days in order to provide this facility with the approved second stairway, installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	2.  The Board hereby grants a variance from the provisions of section 7.2.1.4.1 in order to allow the Applicant to maintain the existing travel distance within this facility, in accordance with a plan of action.  Specifically, the Applicant is directed to work with the Portsmouth Fire Marshal's office in developing a plan of action for the rapid evacuation of this facility and the Board further notes that any time the barn is occupied, the barn door shall be left open to allow for the rapid evacuation of this facility.
	3.  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 Marshal or designee.
	4.  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 separation of the occupancies of this facility in conjunction with the following conditions.  The main condition of this variance is that the Applicant shall limit the use of the bedroom of this facility to the owner and his immediate family members.  As a further condition of this variance, the bedroom shall have a direct exit to the outside.  Finally, there shall be no hay or shavings or the storage of similar combustibles within the barn.  

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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].