As indicated in the file, an administrative review of a Stop Work Order involving the above-captioned property and operation was conducted on December 21, 2021 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 450-RICR-00-00-1.7.1(C).
	In attendance at the hearing were the following:
COMMISSIONERS: Vice-Chairman Blackburn and Commissioners Pearson, Booth, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals James Gumbley and David DiMaio of the State Fire Marshal's Office.
APPELLANT: Peter McNerney.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is a Request for Hearing / Appeal of Stop Work Order 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 Peter McNerney of Hull Propane, Box 787, Block Island, RI on December 13, 2021.
3.	The Appeal was received by the Board on December 13, 2021 and an expedited review subsequently scheduled for December 21, 2021.
4.	The property and operation was previously before the Board on September 24, 2019 at which time Decision  190134 was issued dated October 3, 2019.
5.	An expedited review of the Stop Work Order was conducted on December 21, 2021 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 Muto and seconded by Commissioner Booth to UPHOLD the Stop Work Order as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2021112 and are pertinent to the decision rendered:

1.	Stop Work Order by Chief Deputy State Fire Marshal James B. Gumbley of the State Fire Marshal's Office dated November 9, 2021.
2.	Letter of authorization for Peter McNerney from Jeffrey Wright dated December 13, 2021.

EXHIBITS

The following documents were presented at the August 8, 2017 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 Finding of Fact:

1.	The Decision below corresponds with the State Fire Marshal's Office Stop Work Order dated November 9, 2021.  The above Order was utilized by the Board during the December 21, 2021 review on this matter.  Accordingly, the Board hereby incorporates the Order as its initial finding 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.	9/24/19	Hearing on Appeal  190134
b.	10/3/19	Decision  190134 issued
c.	5/1/20	Compliance date for Decision  190134  Non-Compliant
d.	11/9/21	SFMO determination of facility operating without a permit
e.	11/9/21	Stop Work 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 (2017 edition).
4.	The Board finds that Marshal Gumbley is authorized to summarily stop any condition which presents immediate danger to life in accordance with RIFSC section 450-RICR-00-00-1.7.15.
5.	The Board finds that no permit was obtained for the business of storing, handling, or dispensing liquified petroleum gas [LPG] by the Applicant notwithstanding repeated notices by the State Fire Marshal's Office.
6.	The Board finds that the 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 stop work proceedings in accordance with Rhode Island Fire Safety Code Sections 450-RICR-00-00-7.69.1.2, 450-RICR-00-00-7.1.7.15 and 450-RICR-00-00-7.69.1.9.
7.	It is the understanding of the Board that upon the Appellant securing a valid permit and a follow-up installation compliance inspection approval, the Stop Work Order will be vacated.

CONCLUSIONS OF LAW AND DETERMINATIONS
ON ORDER OF ABATEMENT APPEAL

1.	In accordance with Fire Safety Code Section 450-RICR-00-00-1.7.1(C) and 450-RICR-00-00-7.69.1.9, the Board hereby UPHOLDS the State Fire Marshal's Office Stop Work Order dated November 9, 2021 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 matter.
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 450-RICR-00-00-1.7.2(R) and 450-RICR-00-00-1.7.5(C)).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].