The above-captioned cases were scheduled for hearing on February 5, 2008 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Pearson, Filippi, Walker, Jackson, Preiss and Richard were present.  Commissioner Blackburn recused himself from consideration of this case.  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 Preiss and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The above captioned cases were previously before the Board and the Board hereby adopts its original findings as its initial findings of fact in this case.  In addition, the Board finds that the provisions of the Rhode Island Uniform Fire Code, where a complete fire alarm voice communication system with automatic voice evacuation is required, mandate that the activation of the fire alarm system shall automatically interrupt all theaters, audio systems, and automatically raise the house lights.  In addition, the above provisions require that if the theater is classified as a nightclub, all emergency lights and other appropriate lighting shall be activated whenever the fire alarm system is activated.
	The Board further finds that the Chief of the Portsmouth Fire Department has requested that the complete fire alarm voice communication system with automatic voice evacuation message not be installed, but instead to allow the customary horn/strobe notification appliances to be installed in the above schools.
	The Board further finds that the Portsmouth Fire Chiefs request is based on the fact that the majority of the occupants in the space will be school children who have been accustomed to several years of fire drills utilizing the customary evacuation signal found in the Towns schools.  The Board further finds that to introduce a voice message, different from all other evacuation signals in the building, could lead to confusion and a delayed evacuation.
	The Board further finds that due to the limited manpower available to the Fire Department at any given time and the eight-to-ten minute response to get to the school, it would be extremely unlikely that the Fire Department would ever utilize the voice evacuation system.  Finally, the Board finds that as the mechanism for using the system is key locked, and only available to fire department personnel, it would be unavailable for use by school personnel if needed.  Based on the above findings, the Board determined to grant the above relief.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from provisions of the Uniform Fire Code in order to allow the Portsmouth Fire Marshal's office not to provide the complete fire alarm voice communication system with automatic voice evacuation, but rather to install the customary horn/strobe notification appliances within these five (5) schools.  Accordingly, the fire alarm systems of these schools shall be installed at the direction and to the satisfaction of the Portsmouth Fire Marshal's office in this regard.

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)].