The above captioned case was scheduled for hearing on September 25, 2001 at l:30 p.m.  At that time, Acting Chairman Burlingame and Commissioners Evans, Filippi, Wahlberg, O’Connell and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

During the September 25, 2001 hearing on this matter, the Board was advised and finds that the Applicant is requesting a variance in order to utilize credit/debit card readers with retail gasoline dispensers at a proposed self-service fueling facility.  The proposed fueling facility would have three two-sided gasoline dispensers providing six (6)-fueling positions.  A proposed 75’ x 20’ canopy would cover the fueling area and a small 5’ x 8’ single-story kiosk adjacent to the fueling area would house the facility controls and the qualified attendant.  

The Board was further advised and finds that the credit/debit card readers would only collect the credit/debit card information from the customer and verifies its acceptability.  The readers would not authorize the operation of the self-service dispenser.  The credit/debit card reader would not be able to physically authorize the dispensing of gasoline.  The operation of the self-service dispenser would only be authorized and activated for each individual sale by the attendant.  The qualified attendant shall maintain an unobstructed view of the dispensing operation to inspect for proper dispensing and prevent the dispensing of gasoline into improper portable containers.  In addition, the qualified attendant has the ability to shut down the dispenser the first time improper dispensing by the customer.

Finally, the Board was advised and finds that the Applicant has agreed to abide by all other conditions previously imposed by the Mobile Corporation, Shell Corporation and the Exxon Corporation, by the Board when it considered their gasoline dispensing operations.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of Chapter 23-28.22-6 in order to allow the Applicant to maintain the self-service dispensing operation as outlined in the Board’s findings above.  In granting this variance, the Board notes that the Applicant has agreed to comply with all of the conditions previously placed on the other retailers of gasoline who have requested this variance in the past.

This Decision 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 Applicant’s 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.

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.  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 Fire Code or a revision of the above-cited classification.  Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s Decision, shall void all variances granted under the above-cited use or occupancy.  If such changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.
	
The Applicant may appeal the Board’s 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.  Commencement of such an action does not operate as an automatic stay of this Decision.  [RIGL 42-35-l5(c)].

This decision was mailed on 11-07-01.