The above-captioned case was scheduled for hearing on April 17, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Filippi, Pearson, Richard, O’Connell, Coutu, Newbrook and Fang were present.  The fire service was represented by Deputy State Fire Marshal and Chief Plan Review Officer George Hoyle of the State Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

During the April 17, 2001 hearing on this matter, the Board was advised and finds that this facility proposes to combine several occupancies within one building.  These occupancies include a train station for both Amtrak and the MBTA; one thousand to two thousand space structured parking for commuter Amtrak passengers; bus facilities for regional and intra-state buses; taxi drop-off, pickup and waiting areas; a station for an automated people mover that connects T.F. Green Airport to be facility; and a consolidated rental car facility that will handle all of the day-to-day activities of rental car companies currently servicing T.F.Green Airport.

The consolidated rental car facility is proposed to include approximately 3000 parking spaces used for both mixed ready/return configuration and storage spaces, a consolidated customer service lobby of approximately 19,000 square feet and Quick-Turn-Around (QTA ) facilities.  A QTA consists of wash bays, fueling stations and lanes of parking spaces for cars waiting to be serviced.  In total, this project proposes to have approximately 12 wash bays, 54 fueling nozzles, and 324 stacking spaces.
	
The Board finds that, due to the limited area available for construction and the fact that many of the above services will necessarily be located on the ground level, the QTA operations will necessarily be located on the upper levels of this facility.  The Board further finds that the dispensing of fuel, within the QTAs, is necessary to support these operations. Accordingly, the Applicant is seeking relief in order to maintain these operations above the ground level.
	
In support of its request for variances the Applicant has advised the Board that the following design enhancements shall be incorporated into this facility.  There shall be a four hour floor and wall separation of the QTA facility from all other areas of the structure, at each level, with fusible link shutters or side rolling doors.  All repair operations shall be maintained off-site.  There shall be fixed deluge suppression systems covering the entire QTA area.  There shall be fuel tight flooring.  A four-inch curbing shall be installed at pedestrian and vehicle access points.  Approved personnel doors shall be provided out of the QTA area.  Travel distances, of less that 150 feet to an exit, shall be maintained.  Separate contained drainage systems for fueling and washing shall be provided and each drainage system will be designed to handle the material to be dispensed.  Class I, Division I Lighting and a gas detection system shall be provided.  Pull station/intercom units shall be provided at each fuel island and at each exit out of the QTA. The QTA shall be serviced by double wall piping.  The piping will be designed to be inherently flexible to compensate for thermal expansion and settling.  And finally, dispensers will be mounted on a concrete island and further protected by concrete filled bollards.  While located indoors, the dispensers will be located away from entrance and exit ramps and separated from the main flow of traffic.

The Fire Marshal’s office advised the Board that under the NFPA 2000 Codes, the Applicant could secure the requested relief by submitting an approved performance-based design for the fire protection of this facility. The Fire Marshal’s office further advised the Board that it would work with the Applicant and its fire protection engineer in their development of the performance based design.  Neither the Applicant nor the State Fire Marshal had any objection to this approach.

CONCLUSIONS AND VARIANCE REQUESTS

1. Pursuant to the recommendation of the State Fire Marshal's office, and in the absence of an objection by the Applicant, the Board hereby grants a variance to allow the Applicant to use the NFPA 2000 codes that will allow for a performance-based design.  If the performance-based design is approved by the State Fire Marshal, it shall be considered approved by the Fire Board.

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)].