The above-captioned case was scheduled for hearing on October 31, 2006 at 1:00 P.M. At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made and seconded to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the October 31, 2006 hearing on this matter, the Board was advised and finds that the Applicant is proposing to construct a new self service gasoline facility and convenience store at the above-captioned location in the City of Providence. The Board further finds that the Applicant is proposing to demolish and remove all structures in order to construct this new Hess Express facility. The Board further finds that, due to the configuration of the existing lot, upon which the new facility is to be built, the Applicant has requested certain variances from the fire code provisions covering this occupancy. 
	The Board further finds that the Applicant is requesting relief from the provisions of RIGL sections 23-28.22-6 (Self Service dispensers), 23-28.22-9 (Emergency Controls  Extinguisher System) and 23-28.22-12 (Unobstructed Observation). Finally, the Board finds that the Applicant has submitted a September 28, 2006 plan of action to the Providence Fire Marshals Office outlining his requested relief. Finally, it is the understanding and direction of the Board that the Applicant shall further comply with all of the safeguards for self service operations as outlined in the prior Board Decisions granting statewide relief for the Mobil and Shell service stations and further comply with all additional safeguards requested by the Providence Fire Marshals Office.  

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance from the provisions of section 23-28.22-6 in order to allow the Applicant to install and maintain self service fuel dispensers, that are designed to be credit card operated, in accordance with the safeguards outlined in the statewide relief granted to the Mobil and Shell service stations. In addition, the Board directs the Applicant to comply with any additional safeguards deemed necessary by the Providence Fire Marshals Office.  
2.	The Board hereby grants a variance from the provisions of section 23-28.22-9 in order to allow the Applicant to install and maintain the proposed extinguisher controls at the proposed location, along with a separate remotely located control if deemed necessary by the Providence Fire Marshals Office. The Board further directs the Applicant to comply any additional safeguards deemed necessary by the Providence Fire Marshals Office. This relief is granted due to the pre-existing lot on which the facility is to be constructed. 
3.	The Board hereby grants a variance from the provisions of section 23-28.22-12 in order to allow the Applicant to maintain observation of the self service fuel dispensers, through the proposed installation and use of approved CCYV cameras located throughout the dispensing area, at the direction and to the satisfaction of the Providence Fire Marshals Office. The Board further directs the Applicant to comply with any additional safeguards deemed necessary by the Providence Fire Marshals 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 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)].