The above-captioned case was scheduled for hearing on March 13, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Preiss, Pearson and Filippi were present.  Vice Chairman Burlingame and Commissioner Blackburn recused themselves from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief Jeffrey Lynch of the Portsmouth Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby finds that this facility is a newly constructed eleven (11) unit wood frame apartment building.  The Board further finds that the Applicant originally planned to provide this building with a basement however, the plans were modified to provide the building with only a crawl space beneath.  The Board also finds that the firewalls do not penetrate through the crawl space however, the Applicant plans to extend the walls and to further provide this facility with a municipally connected fire alarm system.  It is the understanding of the Board that all other fire code deficiencies within this facility shall be corrected by the Applicant at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.
	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 Marshal and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance in order to allow the Applicant not to maintain this facility on slab but rather to allow the crawl space beneath the facility providing that the firewalls are extended through the crawl space at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.  In addition, the Board accepts the Applicants plan to provide this facility with approved municipal fire alarm coverage installed at the direction and to the satisfaction of the Portsmouth Fire Marshals Office.  Finally, the Board hereby grants the Applicant a time variance to submit the plans for the above corrections within two (2) weeks of the date of the hearing and to complete construction within 120 days after the submission of the plans.  The Board directs that construction shall be completed prior to the occupancy of the remaining apartments within this complex.

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)].