As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, December 5, 2017 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Acting Chairman Pearson and Commissioners Richard, Filippi, Walker, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal David DiMaio of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Albert Ledoux of the Lime Rock Fire District.
APPLICANT: Charles Clifford.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under RIGL 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 YMCA of Pawtucket (owner) of 660 Roosevelt Avenue, Pawtucket, RI dated [undated].
3.	The Application was received by the Board and File  170138 was opened on October 24, 2017.
4.	A hearing on the Application was conducted on December 5, 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 Thornton and seconded by Commissioner Richard to grant the Applicant the relief as outlined herein.  The motion passed on a 8 to 0 vote with Commissioner Walker abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170138 and are pertinent to the decision rendered:

1.	Variance Application  170138 dated [undated] and filed on October 24, 2017.
2.	State Fire Marshals Office Inspection Report dated August 30, 2017.

EXHIBITS

The following documents were presented at the December 5, 2017 hearing as exhibits:

1.	Applicants site plan [3 pages].

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 numbers of the Decision below correspond with those of the August 30, 2017 inspection report 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 December 5, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the August 30, 2017 inspection 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.
2.	The facility under review is an outdoor propane [LPG] storage compound consisting of eight (8) 1000-gallon storage tanks, originally installed in 2012.
3.	The storage operation is classified as a high hazard area in accordance with RILSC sections 42.1.5 and 6.2.2.4.
4.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	MEANS OF EGRESS: The Board grants the Applicant a time variance of six (6) months from the date of the decision to comply with the provisions of RILSC sections 42.2.4.3 and 7.11.1 by providing an additional means of egress, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 42.3.2 and 8.7.3.1, RIFC section 60.5.1.9 and NFPA 58, Liquefied Petroleum Gas Code, (2011) section 6.6.1.2 by protecting the storage tanks from damage by vehicles by installing protective guard posts, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 42.3.2 and 8.7.3.1 and NFPA 58, Liquefied Petroleum Gas Code, (2011) section 6.4.4.3 by allowing the existing tank separation distances to remain as an existing condition.  In consideration of the relief granted herein, the Board directs the Applicant to provide a minimum of four (4) means of egress gates from the new fenced-enclosure as set forth in the plan of action presented at the hearing, at the direction and to the satisfaction of the State Fire Marshal's Office.
4.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 42.3.2 and 8.7.3.1 and NFPA 58, Liquefied Petroleum Gas Code, (2011) section 6.8.4 by installing a new fenced-enclosure as set forth in the plan of action presented at the hearing, at the direction and to the satisfaction of the State 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 RIGL 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 [FSC] 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: FSC 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 FSC or a revision of the above-cited classification.  (See: FSC 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 RIGL section 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:  FSC section 6-2-25).
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5.	In accordance with RIGL section42-35-12, 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: FSC section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].