As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, October 1, 2019 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: Chairman Newbrook and Commissioners Pearson, Walker, Booth, Davison, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals David DiMaio and James Gumbley of the State Fire Marshals Office and Assistant Deputy State Fire Marshals Andrew Went and Timothy Lutz of the Providence Fire Marshals Office.
APPLICANT: Joe Natale and Rand Kirkendoll.
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 Joe Natale (authorized representative) of Sea 3 Providence, LLC, 25 Fields Point Drive, Providence, RI dated [undated].
3.	The Application was received by the Board and File  190150 was opened on September 27, 2019.
4.	A hearing on the Application was conducted on October 1, 2019 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 O'Donnell and Booth 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  190150 and are pertinent to the decision rendered:

1.	Variance Application  190150 dated [undated] and filed on September 27, 2019.

EXHIBITS

The following documents were presented at the October 1, 2019 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 Findings of Fact:

1.	The Decision below corresponds with the plan of action submitted by the Applicant.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the October 1, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the 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 Board finds through the testimony of the Applicant that:
a.	The facility is an existing refrigerated storage terminal for liquefied petroleum gas [LPG] located in a restricted area within the Port of Providence.
b.	Storage capacity of the facility is approximately four hundred thousand (400,000) barrels of LPG which equates to approximately 16.8 million gallons.
c.	The minimum separation distance for aboveground containers and adjacent buildings or adjoining property lines is established at four hundred (400) feet in accordance with RIFC section 69.3.3.1.1 (Table).
d.	In the alternative, NFPA 58, Liquefied Petroleum Gas Code (2014) defines a low-pressure refrigerated operation as less than 15 psi [58:3.3.64]  the instant operation is approximately 1.5 psi, and accordingly the separation distance can be reduced to one hundred (100) feet [58:12.7.2].
e.	The closest adjoining property is a storage warehouse located approximately one hundred eighty (180) feet away from the storage container.
3.	There is no objection by the Providence or State Fire Marshals Offices 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, (2015 edition) as incorporated by reference and amended by 450-RICR-00-00-7; and, references to the Rhode Island Life Safety Code [RILSC] shall mean NFPA 101, (2015 edition) as incorporated by reference and amended by 450-RICR-00-00-8.

1.	The Board hereby grants the Applicant a variance from the provisions of RIFC section 69.3.3.1.1 by allowing the existing LNG storage facility to remain in use without modification based upon compliance with the provisions of NFPA 58, Liquefied Petroleum Gas Code.  In consideration of the relief granted herein, the Board directs that this relief is limited to the current owner of the facility and that any future change of ownership shall be subject to review by the AHJ.

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 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)].