As indicated in the file, a hearing involving the above-captioned property was conducted remotely by Zoom webinar on Tuesday, May 25, 2021 before a subcommittee of the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] sections 23-28.3-5, 42-46-3 and Executive Order.

	Participating at the hearing were the following:
COMMISSIONERS: Commissioners Sylvester, Booth, Thornton and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Bertrand Ledoux of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Andrew Went of the Providence Fire Marshal's Office.
APPLICANT: Peter Ginaitt and Steven Colantuano, Esq.
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 Scott Avedisian (authorized representative) of RIPTA, 705 Elmwood Avenue, Providence, RI dated May 21, 2021.
3.	The Application was received by the Board and File  2021057 was opened on May 21, 2021.
4.	A hearing on the Application was conducted remotely by Zoom webinar on May 25, 2021 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review.
5.	After consideration of the application, the testimony of the witnesses and of the entire record presented to the subcommittee of the Board, and after carefully considering such information, a motion was made by Commissioner Thornton and seconded by Commissioners Sylvester and Booth to grant the Applicant the relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on June 8, 2021 at which time Chairman Newbrook and Commissioners Sylvester, Booth, Thornton, ODonnell and Muto were in attendance.  At that time a motion was made by Commissioner Booth and seconded by Commissioner ODonnell to accept the subcommittee recommendations and grant the Applicant relief 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  2021057 and are pertinent to the decision rendered:

1.	Variance Application  2021057 dated May 21, 2021 and filed on May 21, 2021.
2.	State Fire Marshals Office Plan Review Report dated May 21, 2021.
3.	Zoom webinar invitation  89899375697 dated May 21, 2021.

EXHIBITS

The following documents were presented at the May 25, 2021 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 May 21, 2021 plan review report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State and Providence Fire Marshals Offices during the May 25, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the May 21, 2021 plan review 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 present maintenance & storage facility includes of a fueling depot for RIPTA vehicles with one (1) 10,000 gallon above-ground storage tank [AST] for unleaded gasoline  and two (2) 20,000 gallon ASTs for diesel fuel .
3.	Due to anticipated changes in the fleet composition, a proposed change of use of the facility includes converting one of the two 20,000 gallon ASTs from diesel storage to gasoline storage.
4.	The provisions of RIFC section 42.3.3.2.3 limit the amount of individual AST storage capacity to 12,000 gallons for Class I motor fuels and 20,000 gallons for Class II motor fuels.
5.	The following safeguard are in place for the facility:
a.	The facility is fenced and gated 24/7 with access by employees and authorized personnel only; and,
b.	The facility is provided with a computerized fuel dispensing system that is vehicle-specific as to the amount and type of fuels allowed to be dispensed.
6.	There is no objection by the State or Providence Fire Marshals Offices to the granting of the relief outlined herein.
&8195;
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 42.3.3.2.3 by allowing one of the existing 20,000 gallon ASTs to remain in use and be repurposed from storing diesel fuel to storing unleaded gasoline.
2.	In consideration of the relief granted herein, the Board directs the Applicant to provide fire suppression equipment, suitable barricades and the necessary separation as determined by the State and Providence Fire Marshals Offices.

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)].