The above-captioned case was scheduled for hearing on December 3, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Evans, OConnell, Richard, Pearson, Wahlberg and Newbrook were present.  The fire service was not represented.  However, by letter dated November 25, 2002, Fire Marshal Jonathan D. Smith advised the Board that he had no objection to the requested variances being granted if the Applicant install two (2) power shutoffs and close the circuit television monitors.  A motion was made by Commissioner Newbrook and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

	The number of the Decision below correspond with those of a September 27, 2002 plan review report compiled by the Narragansett Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Narragansett Fire Marshals Office during the December 3, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the September 27, 2002 plan review 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 defined in Section 23-28.11-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

GAS STATION
1.	The Board hereby directs the Applicant to correct deficiency 1 by providing the Narragansett Fire Marshals Office with  three (3) approved sets of plans in accordance with the provisions of Section 23-28.22-3(a).  
2.	The Board hereby grants  a variance from the provisions of Section 23-28.22-9(a) in order to allow the Applicant to maintain the remote control location from the main power shutoff switch more than seventy-five (75) feet from the dispensers.  In granting this variance, it is the understanding and direction of the Board that the manual main power shutoff switch will be at both the dispensing island and the console panel and that an automatic shutoff switch is interconnected with the automatic fire suppression system.  In light of the installation of the two (2) power shutoffs, it is the understanding of the Board that the Narragansett Fire Marshals Office has no objection.
3.	The Board hereby grants a variance from the provisions of Section 23-28.22-12 in order to allow the Applicant to maintain a possible obstruction of the attendants view by cars parked in front of this store.  In granting this variance , the Board directs the Applicant to designate the space which potentially blocks the attendants view as a handicapped parking space and further directs the Applicant to install approved closed circuit TV monitors, at the direction and to satisfaction of the Narragansett Fire Marshal, in order to attendant with an alternative method of supervising the dispensing operation.  Again, it is understanding of the Board that the Narragansett Fire Marshal has no objection under these conditions.

COVENIENCE STORE
1.	It is the understanding of the Board that the Applicant shall correct deficiency 1 by providing this facility with approved exit signage. 
2.	It is the understanding of the Board that the Applicant shall correct deficiency 2 by providing this facility with an approved fire alarm system, at the direction and to the satisfaction the Narragansett Fire Marshal.
	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.  
	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. 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.  
	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.  

	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)].