As indicated in the file, an on-site administrative emergency review of an Abatement Order involving the above-captioned property was conducted on &8203;May 18, 2023&8203; by the Executive Director of 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-00-00-1.7.5(C). 

 

Participating at the review were the following: 

AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Hannah Burns and Paul Manning and Chief Deputy State Fire Marshal David Pastore of the State Fire Marshals Office and Fire Marshal Kevin McCann and Chief Frank Brown of the Central Coventry Fire District. 

APPELLANT: Robin Healey, Abil Khan Saleem and Frank Rogowski. 

EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq. 

TRAVEL OF THE CASE 

 

This is a Request for Emergency Appeal of Abatement 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. 

The Appeal was requested by &8203;Robin Healey&8203; [authorized representative] of &8203;Coventry Mart, 1100 Main Street, Coventry, RI&8203; by telephone on &8203;May 18, 2023&8203; at 9:00 AM wherein an emergency review was subsequently scheduled. 

The emergency review of the Abatement Order was conducted at the property location on &8203;May 18, 2023&8203; at 11:00 AM by W. Keith Burlingame, Esq., Executive Director of the Fire Safety Code Board of Appeal and Review.  After viewing the site conditions and review of all evidence presented by the parties, it was decided to uphold & modify the Abatement Order as outlined herein. 

 

RECORD OF THE CASE 

 

The following documents are part of the administrative record for Appeal  2023078 and are pertinent to the decision rendered: 

 

Abatement Order by Chief Deputy State Fire Marshal David Pastore of the State Fire Marshal's Office dated May 17, 2023. 

State Fire Marshal's Office Case Report  23SFM-109-OF dated May 17, 2023. 

State Fire Marshal's Office photographs (6). 

 

EXHIBITS 

 

The following documents were presented at the &8203;May 18, 2023&8203; review as exhibits: 

 

Letter of authorization for Robin Healey from Mian Umar Saleem dated May 17, 2023. 

 

FINDINGS OF FACT 

 

Based on the testimony and evidence introduced at the review and a review of the administrative file, the following Finding of Fact have been established: 

 

The Decision below corresponds with the State Fire Marshal's Office Case Report and Abatement Order  23SFM-109-OF dated May 17, 2023.  The above Case Report and Order were utilized  during the &8203;May 18, 2023&8203; review on this matter.  Accordingly, the Case Report and Order are adopted as the initial findings of fact. 

The motor fuel dispensing facility at the above location is subject to the requirements of the Rhode Island Fire Safety Code, more particularly the provisions of RIGL section 23-28.22-9, Emergency controls  Extinguishing system and the Rhode Island Fire Code, NFPA 1 (2018 edition), as reserved and amended. 

The motor fuel dispensing facility at the above located provides four (4) self-service pumps for the dispensing of flammable motor fuel by vehicle operators without the need for an attendant present at the site of the fueling operation. 

The motor fuel dispensing facility at the above located is provided with a fixed fire extinguisher system that has been tagged with a NON-COMPLIANCE INSPECTION NOTICE dated September 2, 2020 listing numerous deficiencies. 

Two (2) portable fire extinguishers, one located at the service island, and one located inside the buildings main entrance were observed to be non-compliant, lacking inspection tags and not properly mounted (inside location). 

Chief Deputy State Fire Marshal Pastore is authorized to summarily abate any condition which presents an immediate danger to life in accordance with RIFSC section 450-RICR-00-00-1.7.5(A) and RIFC section 1.7.6.2. 

Chief Deputy State Fire Marshal Pastore has made a lawful and reasonable determination that conditions exist at the above location that present an immediate danger to life, warranting the instant abatement proceedings in accordance with Rhode Island Fire Safety Code Section 450-RICR-00-00-1.7.5(A) and Rhode Island Fire Code Section 1.7.6.2. 

There is no objection from the State Fire Marshal's Office or the Central Coventry Fire District to the relief granted herein. 

 

CONCLUSIONS OF LAW AND DETERMINATIONS 

ON ABATEMENT ORDER APPEAL 

 

In accordance with Fire Safety Code Section 450-RICR-00-00-1.7.5(C), the State Fire Marshal's Office Abatement Order dated May 17, 2023 is upheld & modified and subject to compliance with the conditions set forth herein. 

 

Until such time that the fixed fire extinguisher system covering the fuel dispensing area is functional and fully compliant, the following conditions are imposed: 

Any self-service operation of all motor fuel dispensing pumps shall be prohibited. 

Any full-service manual dispensing of motor fuel shall be by a qualified and trained attendant only, who shall demonstrate to the State Fire Marshal's Office proficiency in the following areas: 

Knowledge of the location and operation of fuel dispensing pump(s) main power shut-off switch or switches; 

Knowledge of the location and operation of approved portable fire extinguishers; 

Knowledge of the types of approved portable containers permitted and/or prohibited; 

Knowledge of appropriate procedures to control sources of ignition, i.e., open flames, static electricity, electronic devices, etc.; and, 

Knowledge of appropriate procedures to control accidental fuel spills. 

All portable fire extinguisher on the premises shall be properly mounted and inspected, tested & maintained in accordance with RIFC Chapter 13.6 and RILSC Chapter 9.9 prior to the commencement of any fueling dispensing operations; 

The area behind the interior service counter where the fixed fire extinguisher system manual activation device and the pump(s) emergency power switch is located shall be made clear and unobstructed and provided with signage indicating their functions. 

 

STATUS OF DECISION AND APPEAL RIGHTS 

 

This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned matter. 

The Applicant may appeal the Executive Directors Decision to the full Board for an expedited review at the next scheduled meeting, subject to Rhode Island Open Meetings Act posting requirements.  (See: Fire Safety Code, sections 450-RICR-00-00-1.7.2(R) and 450-RICR-00-00-1.7.5(C) and RIGL  42-46-6(b)).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].