The above-captioned case was scheduled for hearing on March 25, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Richard, Coutu, Pearson, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Alan Adams of the Portsmouth Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the March 25, 2003 hearing on this matter, the Board was advised and finds that this is a three-story wood frame building approximately 2400 square feet in size per floor.  The first floor of the building will house a restaurant, lounge, locker rooms and office space for the Carnegie Abbey Golf Course.  The second and third floors of the building will house twenty (20) two-story dwelling units.  The entrances to all the dwelling units are located on the second floor of the building.  The building will be fully protected with a supervised sprinkler system which will extend to the covered roof deck.  The building will also have a fire alarm system directly connected to the fire department.
	
The Applicant is seeking a variance from the provisions of section 18-2.2.3.2.  Specifically, this provision requires that the stairs within a dwelling unit cannot extend more than one story above or below the entrance level to the unit.  The Applicant wishes to install a stairwell within three separate dwelling units that will lead to three separate covered roof decks.  The three roof decks are approximately six hundred twenty five square feet in size.
	
The Portsmouth Fire Marshal’s office appeared and had no objection to using a hatchway to the roof decks provided that the roof decks remain as open decks.  In the event of enclosure, the Portsmouth Fire Marshal’s office would request full compliance with the code.

CONCLUSIONS AND VARIANCE REQUESTS

1.  In light of the Applicant’s representations and in the absence of an objection by the Portsmouth Fire Marshal’s office, the Board hereby grants a variance from the provisions of section 18-2.2.3.2 in order to allow the Applicant to maintain stairway and hatch access to the three (3) six hundred twenty five foot separate covered roof decks.  This variance is contingent upon the Applicant’s not enclosing these open decks.

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 Applicant’s 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 Board’s 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 Board’s 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)].