As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 20, 2017 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Filippi, Pearson, Jackson, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office and Deputy State Fire Marshal James Gumbley of the State Fire Marshal's Office.
APPLICANT: Steven Dellasanta.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. Chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Steven Dellasanta (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard  Suite 1002, Warwick, RI dated June 8, 2017.
3.	The Application was received by the Board and File  170084 was opened on June 15, 2017.
4.	A hearing on the Application was conducted on June 20, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Pearson and seconded by Commissioners Booth and Jackson to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170084 and are pertinent to the decision rendered:

1.	Variance Application  170084 dated June 8, 2017 and filed on June 15, 2017.
2.	State Fire Marshals Office Plan Review Report dated [undated].

EXHIBITS

The following documents were presented at the June 20, 2017 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The Decision below corresponds with the plan review report letter compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the June 20, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the plan review report letter 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.
2.	The facility is an existing propane (LPG) transfer operation which does not require the installation of a fire suppression system.
3.	It is the desire of the owner to install a non-required supplemental fire suppression system in accordance with the input of the North Kingstown Fire Department, utilizing the provisions of RIFC section 1.4.2.
4.	There is no objection by the State Fire Marshals Office or the North Kingstown Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of NFPA 58, Liquid Petroleum Gas Code, 2011 edition, section 6.25.6.2 and NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection, 2012 edition, section 9.1 by allowing the installation of a manually actuated water spray fixed system for fire suppression.  In consideration of the relief granted herein, the Board directs the Applicant to provide a remotely-located fire department connection (FDC) for establishing a water supply, at the direction and to the satisfaction of the North Kingstown Fire Marshal's Office.

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 this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in R.I.G.L. section 42-35-12 and 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: Fire Safety Code, section 6-2-22).
2.	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: Fire Safety Code, section 6-2-23.)  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: Fire Safety Code, section 6-2-24).
3.	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:  Fire Safety Code, section 6-2-25).
4.	In accordance with R.I.G.L 42-35-12, 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.  (See: Fire Safety Code, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].