As indicated in the file, an administrative review of an Order of Abatement involving the above-captioned property was conducted on August 8, 2017 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5 and Fire Safety Code Section 6-5-3.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Pearson, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Acting State Fire Marshal James Gumbley and Deputy State Fire Marshal David DiMaio of the State Fire Marshal's Office.
APPELLANT: Linda Green.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is a Request for Expedited Appeal of Order of Abatement filed pursuant to R.I.G.L. Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Appeal was requested by Linda Green of 2205 Bronco Highway, Burrillville, RI [telephone voicemail message] on August 4, 2017 at 4:28 PM.
3.	The Appeal was received by the Board on August 7, 2017 at 8:00 AM and an expedited review subsequently scheduled for August 8, 2015.
4.	An expedited review of the Order of Abatement was conducted on August 8, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.  After review of all evidence presented by the parties, a motion was made by Commissioner Sylvester and seconded by Commissioners Booth and Pearson to UPHOLD the Order of Abatement as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170100 and are pertinent to the decision rendered:

1.	Order of Abatement by Acting State Fire Marshal James B. Gumbley of the State Fire Marshal's Office dated August 4, 2017.
2.	Liquid Petroleum Gas (LPG) Permit Application  15565 dated May 9, 2017.

EXHIBITS

The following documents were presented at the August 8, 2017 hearing as exhibits:

1.	AHJ photographs (3)
2.	Appellants letter from electrician Jacek Wilinkiewicz (License  RI4141A).

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 State Fire Marshal's Office Liquid Petroleum Gas (LPG) Permit Application  15565 dated May 9, 2017 and Order of Abatement dated August 4, 2017.  The above Application and Order were utilized by the Board during the August 8, 2017 review on this matter.  Accordingly, the Board hereby incorporates the Application and Order 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 Board hereby adopts the following timeline of events as testified to by Marshal Gumbley:
a.	5/9/17	LPG Permit Application filed with SFMO
b.	6/30/17	Initial site permit inspection
c.	7/11/17	Notice of inspection failure / unsafe conditions [email]
d.	8/3/17	SFMO determination of facility operating without a permit
e.	8/4/17	Abatement Order issued
3.	The Board finds that the LPG fueling facility located at the above location is subject to the requirements of the Rhode Island Fire Safety Code, more particularly the Fire Code, NFPA 1, as reserved and amended, Chapter 69 (Liquefied Petroleum Gases and Liquefied Natural Gases) and NFPA 58, Liquefied Petroleum Gas Code (2011 edition).
4.	The Board finds that Marshal Gumbley is authorized to summarily abate any condition which presents immediate danger to life in accordance with RIFSC section 6-5-1 and RIFC section 1.7.6.2.
5.	The Board finds that no electrical permit was obtained for the installation of the electrical components at issue, the work was not performed by a licensed electrician and that no compliance inspection has been conducted by the Burrillville Building Department.
6.	The Board finds that an electrician contracted with by the Appellant, not the installer of the equipment or wiring, inspected the electrical connections on August 8, 2017 and reported No defects were detected.
7.	The Board finds that the (Acting) State Fire Marshal has made a lawful and reasonable determination that conditions exist at the above-captioned location that present an immediate danger to life, warranting the instant abatement proceedings in accordance with Rhode Island Fire Safety Code Section 6-5-1 and Rhode Island Fire Code Section 1.7.6.2.
8.	It is the understanding of the Board that upon the Appellant securing a valid electrical permit and a follow-up installation compliance inspection approval by the Burrillville Building Department determining that the installation meets the standards and requirements for a Class 1, Division 1 hazardous location, the Order of Abatement will be vacated.

CONCLUSIONS OF LAW AND DETERMINATIONS
ON ORDER OF ABATEMENT APPEAL

1.	In accordance with Fire Safety Code Section 6-5-3, the Board hereby UPHOLDS the State Fire Marshal's Office Order of Abatement dated August 4, 2017 and mandates continued compliance with the conditions set forth therein.
STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.
2.	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, sections 6-2-18 and 6-5-3).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].