The above-captioned case was scheduled for hearing on August 10, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Pearson, Jackson, Preiss, Dias and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Keith Notarianni of the Middletown Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Richard and Jackson to grant the Applicant relief as outlined below.  The motion was unanimous.  

During the hearing, the issue was raised as to whether the Applicant would be required to provide the full service gas pumps of this facility with an approved fire extinguishing system.  While the Board initially believed that this would be required under the code, subsequent research by staff has disclosed that such systems are only currently mandated for self-service gas stations.  Accordingly, the Board's staff contacted both the Middletown Fire Marshal's office and the Applicant with this new information.  The Board was further advised that the original inspector of the Middletown Fire Marshal's office had cited this deficiency as a maintenance item as opposed to mandating full suppression coverage.  

In light of this clarification, the Board was advised of these facts on October 5, 2010 under old business.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Filippi, Dias and Richard were present.  A motion was made by Commissioner Dias and seconded by Commissioners Richard, Filippi and Blackburn to clarify the Applicant's obligation in this matter.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 4, 2007 inspection report compiled by the Middletown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Middletown Fire Marshals Office during the August 10, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the October 4, 2007 inspection report as its initial findings of fact.  Any modification of the Boards 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 this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-11.  Upon review of this case, the Board notes that the Applicant, as owner of the subject full service gas station, is not required under RIGL 23-28.22 or NFPA 1 to provide a fixed fire extinguisher system on the outside pumps of this facility.  The Board notes, however, that the Applicant is required to maintain or remove such systems so that they would not provide the public with a false sense of security.  (See RIGL 23-28.1-7 and NFPA 1 section 4.5.8.2.)  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action for the correction of the remaining deficiencies outlined on the October 4, 2007 inspection report.  The Board further grants the Applicant an additional 120 days in order to implement this plan of action at the direction and to the satisfaction of the Middletown Fire Marshal's office.  
	With regard to those items addressing the Applicant's existing extinguishing system, the Applicant has the option of either maintaining that system, or developing and implementing a plan of action, approved by the Middletown Fire Marshal's office, which would eliminate the possibility of the public believing that the suppression system was fully functional and operational. 

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)].