The above-captioned case was scheduled for hearing on May 15, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Jackson, and Pearson were present.  The fire service was represented by Deputy State Fire Marshal Wade Palazini of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file 070236 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant is requesting relief from the fuel operation provisions of the RI Uniform Fire Code.  Specifically, the Applicant is requesting relief from the provisions of sections 42.2.6.5.5 and 42.2.6.5.6.  Finally, the Board finds that the Applicant has developed a plan of action, covering the requested relief and outlining additional design features that are proposed to address any additional hazards associated with the requested relief.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 42.2.6.5.5 in order to allow the Applicant to implement its plan for fueling above grade as outlined in the Applicants fire code plan of action, covering the fueling operation of this facility, and dated April 13, 2007.
	2.  The Board hereby grants a variance from the provisions of section 42.2.6.5.6 in order to allow the Applicant to implement its fire code action plan, covering the fueling operation of this facility, and dated April 13, 2007.  The Board hereby grants the above variances pursuant to the proposed design features outlined in the April 13, 2007 fire code plan of action.  Accordingly, the above proposed design features shall be deemed to be required components which must be maintained as a condition of the above variances.  

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)].