The above captioned case was scheduled for hearing on February 11, 2003 at 1) P.M.  At this time, Chairman Farrell and Commissioners Filippi, Newbrook, Richard, Pearson, Preiss, Wahlberg and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Al Adams of the Portsmouth Fire Marshals Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 1, 2002 inspection report compiled by the Portsmouth Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Portsmouth Fire marshal during the February 11, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the May 1, 2002 inspection report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency 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 defined in Section 23-28.1-4(3) of the Rhode Island General Laws.
	
CONCLUSIONS AND VARIANCE REQUESTS 
1-18.	It is the understanding of the Board that deficiencies 1 through 18 apply to occupancies that are not under the control of the present Applicant.  Accordingly, the Board shall not address these deficiencies at this time.
19.	The Board hereby grants a variance from the provisions of Section 23-28.17-5(f) in order to allow the Applicant to maintain a security deadbolt on the rear egress door from the warehouse of this facility.  In granting this variance, it is the direction of the Board that the bolt shall only be locked during periods of time when this building is completely unoccupied.  Otherwise, the bolt shall be in open position during all hours of occupancy.  Finally, it is the understanding of the Board that only one (1) person occupies this facility and that this bolt has been installed on the egress doors in order to meet the Department of Defense security requirements for the storage of classified material.  In light of the above, it is the understanding of the Board that the Portsmouth Fire Marshals Office has no objection.
20.	The Board hereby directs the Applicant to correct deficiency 20 by providing this facility with approved emergency lighting.
21.	The Board hereby directs the Applicant to correct deficiency 21 by providing an approved exit sign over the entrance door leading into the entrance from the storage area.

	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.  
	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.   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.  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.  
	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)].