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 subcommittee 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.  The Board hereby grants a variance from the provisions of section 7.2.2.5.1.1 and its referenced standards in order to allow the Applicant to maintain the existing separation between the front stairwell and the second floor of this facility.  This variance is granted in light of the Applicants sprinkler coverage of this facility.
	2.  The Board hereby grants a variance from the provisions of section 13.2.5.2 and its referenced standards in order to allow the rear stairwell from the second floor to go through the kitchen area provided there is separation of this area with an approved door from the kitchen held open by magnetic hold-open devices.  The Board hereby directs the Applicant to provide the Portsmouth Fire Marshal or designee with approved plans for the installation of a fire alarm system within this facility, to include the cited magnetic hold-open devices, within thirty (30) days of the date of this decision.  The Board further grants a time variance of an additional 120 days in order to allow the Applicant to provide this facility with the required fire alarm system and emergency lights and exit signage.  
	3.  The Board hereby directs the Applicant to correct deficiency 3 by removing the cited non-compliant dead bolts, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by re-certifying the extinguisher in the furnace room and maintaining it in proper serviced condition, at the direction and to the satisfaction of the Portsmouth Fire Marshal.
	5.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit fire alarm plans and an additional 120 days in order to install the fire alarm system in this facility, at the direction and to the satisfaction of the Portsmouth Fire Marshal's office as outlined in item 2 above.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by removing the cited storage under the rear stairwell.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing approved battery back-up to the cited exit lights.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by removing the cited obstruction to the sprinkler heads 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 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)].