The above-captioned case was scheduled for hearing on October 5, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Pearson, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Lynch of the Portsmouth Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss 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 an April 28, 2004 inspection report compiled by the Portsmouth Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Portsmouth Fire Marshal’s Office during the October 5, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the April 28, 2004 inspection report as its initial findings of fact.  Any modification of the Board’s 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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance from the provisions of section 13.2.4.2 of the RI Life Safety Code in order to allow the Applicant to maintain the existing egress from the second floor of this facility.  In granting this variance, it is the understanding of the Board that this building has been posted for maximum occupancy of 175 people and that the second floor will be limited to no more than fifty (50) people.  Based on the above, the Board finds that the cited fire escape system would be an appropriate emergency means of egress for the discharge of not more than fifty (50) people from the second floor.
	
2. The Board hereby grants a variance from the provisions of section 7.2.2.5.1.1, and its referenced standards, in the RI Life Safety Code in order to allow the Applicant to maintain the existing stairwell construction within this facility.  In granting this variance, the Board notes that there is limited office occupancy on the third floor of this facility that is utilized approximately two (2) times each month.  In light of the limited occupancy on the upper floors of this facility it is the determination of the Board that the stairway will allow sufficient egress in conjunction with the municipally connected fire alarm system that the Applicant has agreed to install.  See item #(6) below.  Finally, as a condition of this variance, the Board directs the Applicant to provide this egress system with approved doors at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office.
	
3. It is the understanding of the Board that the Applicant shall correct deficiency #3 by providing the exit signage within this facility with approved battery back up, at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office, within 120 days from the date of this Decision.
	
4. It is the understanding and direction of the Board that the Applicant shall correct deficiency #4 by providing the cited walls and ceiling in the main hall with an approved class “A” or “B” rated material, installed at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office, within 120 days from the date of this Decision.
	
5. The Board hereby grants a variance from the provisions of section 5-2.8.4 and its referenced standards, of the RI Life Safety Code in order to allow the Applicant to maintain the existing width of the stairs on the fire escape system of this facility.  This variance is granted on the basis of structural hardship in light of the limited occupancy of the upper levels of this facility.
	
6. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved municipally connected fire alarm system, installed at the direction and to the satisfaction of the Portsmouth Fire Marshal’s Office, within 120 days from the date of this decision.

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 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)].