The above-captioned case was scheduled for hearing on May 25, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Coutu, Burlingame, Evans and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Wahlberg 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 a March 8, 2004 plans review report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the May 25, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the March 8, 2004 plans review 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
	
1-4.  The Board hereby directs the Applicant to correct deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
5.  The Board hereby grants a variance from the provisions of Rhode Island Uniform Fire Code section 42.2.5.3.7 in order to allow the current vehicle pass-through in the area for vehicle fueling around the closest dispenser to the building.  In granting this relief, the Board notes that if there is a partial obstruction of this area, there is still a single passing lane available.  The Board further notes that the Applicant and the Providence Fire Marshal’s office have developed a proposed alternative traffic flow for this area and that the area will be covered to eliminate the accumulation of snow and ice.  Finally, the plan of action for the traffic flow is based upon city traffic engineering and zoning.  In light of the above factors, the Board hereby grants this relief for this existing condition.
	
6.  The Board hereby directs the Applicant to correct deficiency #6 at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
7.  The Board hereby grants a variance from the provisions of NFPA 30 section 6.3.6(4) in order to allow the Applicant to maintain the outside pumps within ten (10’) feet of the property line and to further grant relief from the twenty (20’) foot requirement during maintenance.  In granting this relief, the Board notes that currently there exists between 9.7 to 10.5 feet of space between the outside pumps and the property line.  The Board further notes that this is an improvement over an existing non-conformity.  The Board notes that if you add the sidewalk and curbing to this space, there is almost approximately twenty (20’) feet of clear space.  Finally, the Board notes that moving the pumps away from the sidewalk would place them closer to the store area which also needs to have a certain amount of space.  Accordingly, the above variance is based on structural hardship.
	
8.  The Board hereby grants a variance from the provisions of NFPA 30 section 9.2.5.1 in order to allow the pumps to be maintained ten (10’) feet from the property line adjacent to the public sidewalk.  Again, the Board notes that this variance is based on structural hardship in light of the constraints placed upon the Applicant by traffic management, zoning and existing condition.  As a condition of this relief, the Board directs the Applicant to maintain camera monitoring of the islands and surrounding areas, and to strictly enforce the prohibition of smoking materials within these areas.
	
9-14.  The Board hereby directs the Applicant to correct deficiencies 9, 10, 11, 12, 13 and 14 at the direction and to the satisfaction of the Providence Fire Marshal’s office.

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)].