As indicated in the file, a hearing involving the above-captioned property was conducted on December 11, 2018 before a subcommittee of the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5 and Board Rule & Regulation 450-RICR-00-00-1.7.2.
	In attendance at the subcommittee hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Jackson, Sylvester and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Matthew Manni of the West Warwick Fire Marshals Office.
APPLICANT: Christopher Wass and Wade Palazini.

TRAVEL OF THE CASE

1.	A hearing on the Application was conducted on December 11, 2018 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review including Chairman Newbrook and Commissioners Jackson, Sylvester and Thornton.
2.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Sylvester to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
3.	The subcommittee recommendations were subsequently presented to the Board for acceptance on December 18, 2018 at which time Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Filippi, Pearson, Sylvester, Booth and Thornton were in attendance.  At that time a motion was made by Commissioner Filippi and seconded by Commissioner Pearson to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote with Vice-Chairman Blackburn and Commissioner Booth abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180125 and are pertinent to the decision rendered:

1.	Variance Application  180125 dated [undated] and filed on October 18, 2018.
a.	Attached Plan of Action dated October 16, 2018.
b.	Letter of authorization for Christopher Wass from Francis Tedesco dated October 16, 2018.
2.	West Warwick Fire Marshals Office Inspection Report dated September 5, 2018.
3.	Request for continuance (email) from Christopher Wass dated November 15, 2018.
4.	Reschedule Notice dated December 17 [sic], 2018.

EXHIBITS

The following documents were presented at the December 11, 2018 hearing as exhibits:

1.	AHJ photographs (8).

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 September 5, 2018 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the mmddyy hearing on this matter.  Accordingly, the Board hereby incorporates the September 5, 2018 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 building is an existing 1-story above grade building without a basement level, classified as an industrial occupancy, consisting of approximately twenty-five thousand eighty-four (25,084) square feet (gross area) and originally built in 1937 and converted to this use in 1985.
3.	The building is of Type III (200) construction, does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	The Board finds that the fueling operation of the facility is properly considered a fleet vehicle motor fuel dispensing facility and not an unattended, self-serve motor fuel dispensing facility.
5.	There is no objection by the West Warwick Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

References to NFPA shall mean the National Fire Protection Association; references to the Rhode Island Fire Code [RIFC] shall mean NFPA 1, (2012 edition) as reserved and amended by 450-RICR-00-00-7; and, references to the Rhode Island Life Safety Code [RILSC] shall mean NFPA 101, (2012 edition) as reserved and amended by 450-RICR-00-00-8.

1.	FIRE ALARM SYSTEM: The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 40.3.4.1 by developing and submitting a plan of action for the installation of an approved fire alarm system in accordance with section 9.6 throughout the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to incorporate emergency forces notification with the fire alarm system in accordance with RILSC section 9.6.4.2.
2.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 4.6.12.3 by removing all decommissioned automatic sprinkler system components located within this facility, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.
3.	EMERGENCY LIGHTING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 40.2.9 by providing this facility with approved emergency lighting in accordance with section 7.9, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 40.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
4.	EGRESS: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 40.2.4 by providing unobstructed egress throughout this facility, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.  Further, the Board grants a variance to allow the existing egress system (common path of travel) from the parts storage mezzanine to remain in use.
5.	FIXED FIRE PROTECTION: The Board hereby finds that the facility does not require fixed fire protection as set forth in RIFC section 42.6.1.4.1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to provide approved portable fire extinguishers for this area of this facility as set forth in their plan of action, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.
6.	FUEL DISPENSING SYSTEMS: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of NFPA 30 (2012) section 6.3.6 by providing documentation of an approved inspection of the dispensing equipment, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.  The Board hereby finds that the facility does not require signage or instructions as set forth in RIFC sections 42.7.2.5.4 and 42.7.5.
7.	FUEL DISPENSING SYSTEMS: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of NFPA 30A (2012) section 6.3.6 by providing documentation of an approved inspection of the dispensing equipment, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.  The Board hereby finds that the facility does not require signage or instructions as set forth in RIFC sections 42.7.2.5.4 and 42.7.5.
8.	FUEL DISPENSING SYSTEMS: The Board hereby grants the Applicant a time variance of one hundred eighty (180) days from the date of the decision to comply with the provisions of NFPA 30A (2012) section 6.7 by providing approved emergency electrical disconnects, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to provide appropriate hazardous materials signage throughout the facility in accordance with NFPA 704 (2012) within thirty (30) days of the date of the decision, at the direction and to the satisfaction of the West Warwick 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).

Finally, the Board hereby authorizes the West Warwick Fire Marshals Office to extend the timelines set forth in items 4, 5 and 6 for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Blanket Variance  15-01A.

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 450-RICR-00-00-1.7.2(V)].
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 450-RICR-00-00-1.7.2(W)].  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 450-RICR-00-00-1.7.2(X)].
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 450-RICR-00-00-1.7.2(Y)].
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 section 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: FSC section 450-RICR-00-00-1.7.2(R)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].